Heparin Drip Error

As far as I'm aware this is illegal. Management is not allowed to disclose that kind of information and if they do not want to give a positive reference then they may only disclose that you were in fact an RN on that unit and NOTHING further unless it was a sentinel event with action against your license. If this is the case in your state then you may want to tell your nurse manager you are aware of what she is saying and if she continues to disclose that personal information you will be speaking to a lawyer.

As far as I'm aware this is illegal. Management is not allowed to disclose that kind of information and if they do not want to give a positive reference then they may only disclose that you were in fact an RN on that unit and NOTHING further unless it was a sentinel event with action against your license. If this is the case in your state then you may want to tell your nurse manager you are aware of what she is saying and if she continues to disclose that personal information you will be speaking to a lawyer.

You are incorrect. An employer can legally disclose any information as long as it is factual or factual to their knowledge to any prospective employer. At this time most if not all of the states have specific immunity laws to encourage this kind of sharing.

The employer can give any performance based information that it has on you. The trend of companies to stay quiet is always an internal policy. Not a law.

As the immunity laws are put into effect however, companies are becoming more free with their information. If it is on paper they will most likely share it.

Stanley, this is only in some states though, correct? In others it is still against the law to disclose anything other than the fact that this person was an employee and something positive about them if they so choose, right? I ask because I heard a manager talking the other day about a former employee who used to work on the floor and someone called looking for a reference for her. The manager could only disclose that she did work here and that's it even though she wished she could inform them of some of the serious mistakes this person made but she was legally bound to only disclosing former employment status.

Stanley, this is only in some states though, correct? In others it is still against the law to disclose anything other than the fact that this person was an employee and something positive about them if they so choose, right? I ask because I heard a manager talking the other day about a former employee who used to work on the floor and someone called looking for a reference for her. The manager could only disclose that she did work here and that's it even though she wished she could inform them of some of the serious mistakes this person made but she was legally bound to only disclosing former employment status.

No, it's legal to disclose in ALL states. Only some states have implemented an immunity law.

Many corporations, however, have internal policies to only disclose Dates of Employment.

It is always legal to discuss employee performance. In fact, nursing is one of the few industries where it is not discussed much. In other industries your work history literally follows you everywhere.

It is only illegal if they knowingly pass along false information. Then, if you do not get the job, you can sue them. If they pass false information and you still get the job you will have no legal recourse as you must suffer financial losses to effectively win the suit.

Your manager is not legally bound. She may be bound by company policy butthere are no laws on the books addressing this other than the Immunity laws.

The only states that don't currently have Employee Reference immunity laws are Alabama, Connecticut, Mississippi, Nebraska, New Jersey, New York, Vermont, and Washington. MAy be out of date as I found a Washington law on the books. Source website must not be updated.

Employers most likely will try to do everything to protect themselves from civil suits. While they would be protected by having say only the HR manager pass on information and make sure it is all factual, it is FAR EASIER for them to simply limit themselves to verifying dates of employment.

She COULD sue her previous employer but since the are passing on legit information that is most likely backed up with documentation she would not succeed in the suit.

Of course, it is still best to consult a lawyer as I am not one and do not wish to break TOS. :)

Plus, I just have no life... :chuckle:chuckle:chuckle

Deleted Pending House Bill as I found the passed law...

:)

Oops! I was wrong. See not a lawyer.

Here is the actual law from the Washington State Web Site. It's too late. Washington has the immunity law.

RCW 4.24.730

Liability immunity — Disclosure of employee information to prospective employer.

(1) An employer who discloses information about a former or current employee to a prospective employer, or employment agency as defined by RCW 49.60.040, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil and criminal liability for such disclosure or its consequences if the disclosed information relates to: (a) The employee's ability to perform his or her job; (b) the diligence, skill, or reliability with which the employee carried out the duties of his or her job; or © any illegal or wrongful act committed by the employee when related to the duties of his or her job.

(2) The employer should retain a written record of the identity of the person or entity to which information is disclosed under this section for a minimum of two years from the date of disclosure. The employee or former employee has a right to inspect any such written record upon request and any such written record shall become part of the employee's personnel file, subject to the provisions of chapter 49.12 RCW.

(3) For the purposes of this section, the presumption of good faith may only be rebutted upon a showing by clear and convincing evidence that the information disclosed by the employer was knowingly false, deliberately misleading, or made with reckless disregard for the truth.

Basically, a med error is covered by this immunity clause as med errors go directly to the diligence, skill and reliability of performing a nursing duty. A lawsuit would be a fruitless effort.

I suggest getting OTHER references at work that will highlight your positives and have an explanation ready. If you have an excellent record or reputation there, try talking to someone higher in the food chain and maybe they will choose not to disclose the information.

Thanks for all the information Stanley, very very helpful. And thank you October Bride for your support and concern.

I feel like I am at a major disadvantage when I interview with a prospective employer.

What about excluding her, and my job for that one year.

Is it really a violation of state law and possible civil penalities if I EXCLUDE that job history from my resume?

Unless, I include it, include positive evaluations, and have an explanation ready.

What would you do?

I'd start calling managers and asking to speak with them and wanting to discuss with them why you arne't being asked for an interview and if it was about the med error. We all know med errors happen so that may not be why. Right now budget is tight, census is low all over the may just be taking their time or maybe your current pay is higher than what they are wanting to start you at so they can take someone who will take less with no issue.

Worth a shot.

Not sure who said it.. but in my state they are not allowed to disclose any information except that you were employed there, hire dates, attendance status, and pay? I think that was it... i know they cannot discuss anything else without your expressed consent or unless it was on your license.

I went for a job interview & was asked if they may contact my present employer. I was honest & said yes, but that my current employer would only say that yes I was employed there. The HR person said that the most ANY employer could tell a prosepective employer was that yes or no I worked there, and yes or no if they would rehire me. I also told him that they would probably say no on the rehiring- I have a mouth and am not afraid to use it. They called present employer, & told him exactly what I said they would- I got offered the job!:)

but in my state they are not allowed to disclose any information except that you were employed there, hire dates, attendance status, and pay?

This is a misconception. Employers in EVERY state CAN discuss anything they wish with prospective employers.

The confusion is coming from the fact that HR managers are telling people they can't divulge any info. The people then take this to mean there is a law about it.

There is not one law on any state's books mandating silence by employers.

Any time they say they need your consent it is an internal policy. It protects them because then you can't sue them successfully. Of course, your state probably already has an immunity law.

I'm wondering why this is such a big deal for this manager, or any of the facilities at which you're trying to gain employment? Nurses make med errors, and that's a fact of life. I've never heard of one med error tainting a job reference.

Is there more going on than the heparin error?