I desperately need advice

gentlegiver, ASN, LPN, RN · Jun 30, 2010

I am sorry that you are going though this. I would consider looking around for another job. Sounds like someone has something out for you, best to leave before they figure out how to fire you. but, wait until you have this mess cleared up so it doesn't look like you left in fear of being caught doing something.

lifetimern · Jun 30, 2010

I hate to sound hyperbolic, but your job and, perhaps, your career are in jeopardy! I have seen witch hunts in nursing. The victim of the persecution is often an innocent scape-goat or simply a pawn in some political war they no nothing about. If, as you idicated, you have done nothing wrong, you need to take this very seriously. The time for collecting opinions in a nursing forum is over. You need to consult an attorney and follow their advice.

Best of luck and I sincerely hope things turn out okay!

Davey Do · Jun 30, 2010

ElseeRN:

First, allow me to convey my empathy for you in this difficult time. I hesitate little to term this action "harrassment".

I truly appreciate gentlegiver and lifetimeRN's advice. They have given valid obtions for you to consider.

However, having been in a similiar circumstance, and eventually leaving that position for another, I made sure my record was cleansed of ANY negativity. I was lucky, in that, the nurses at thais particular facility were unionized. The union worked for me, and although it took a year and a half, any alledged wrongdoing was sponged from my record.

If you're right, you're right.

Check out the harrassment policy in your facility. See if your situation meets any criteria. Continue to seek assistance. And, please, keep us appraised of your progress.

Good luck and the best to you.

kvsherry · Jun 30, 2010

Do you belong to a union? If so, talk to your rep. Then, since I'm no expert on labor law, I would second the other posters advice about speaking to a lawyer and finding greener pastures right quick. You may not have done anything wrong, you may be the best new grad in the country, but that will be small consolation when this petty organization ruins you.

Good luck, you have my best wishes.

P_RN, ADN, RN · Jun 30, 2010

That sounds like a witch hunt all right. At least get an opinion of an attorney-preferably a nurse/attorney. I think you've got a big old sign saying kick me on your back. Also I'd talk with your pcp again and get a note saying your medical condition is privileged information.

katkonk, BSN, RN · Jun 30, 2010

First, BE MAD, not HURT!

Perhaps I can help a bit....I work in Occupational Health (not in a hospital), but processes are the same. A facility can do a "for cause" drug test any time they see a need. For cause means that someone, somewhere has identified behavior that they believe puts (whomever-patients, co-workers, the company) at risk. And that also means they have run it through the channels (meaning the Human Resource people) and notified them there may be a problem. They ask you, when they tell you that you will be drug tested, if you have any need to tell them anything. (According to the process, that gives you the chance to self-identify as needing to enter a treatment program. At this point, if people lie and do not self identify, then turn up positive, there is no other chance to enter treatment and remain employed.) That is the process, and that is how it is done. What is NOT done is for the manager to ask you if you take medications and if so, what for. They have just violated your civil rights. You not only need to be paid for the days that you were suspended, you need to seek legal advice (as mentioned above-a nurse attorney would be great). Your attorney should push for specifics re: the details of who saw you and what the behavior was that they were concerned about. Your personal medical information is YOUR personal medical info. Remember HIPAA? What ever you told her re: your personal medical information was documented somewhere and read by others! IF you had turned up positive on a drug screen, the MEDICAL REVIEW OFFICER (MRO) would have called you to speak with you re: any Rx medication, etc. That is the job of an MRO. It would have been at THAT time that you would have provided medical documentation from your MD to the MRO only. No other person would have known about anything related to your discussion or any info. provided to the MRO-it is strictly confidential. You need to tell your legal counsel that you were intimidated and felt pressured to tell your manager about details of your personal medical info that were none of her business. I agree that your career there is likely over. HOWEVER, I have seen managers go off half-cocked, thinking they can do this and that re: employees that are, for some reason, viewed as a problem. She will likely be disciplined (or at least I would hope so!) Because the breach of protocol here was so flagrant, it is possible that you can ask for a settlement because you feel that you were harrassed and no longer feel comfortable working around a bunch of people that reported you as having "altered behavior" or unsafe behavior, when there was no such incident. This is not intended to be legal advice, that needs to come from your legal counsel. However, drug testing policy and protocol is standard, and there can be no deviation from proper protocol. Good luck, and please update this posting so that we know what has happened to you. Begin searching out job opportunities at other hospitals right away!

nursemike, ASN, RN · Jun 30, 2010

I have a couple of questions, but I want to assure you that I don't mean to be insulting. Frankly, I don't even need answers to them, but I hope you will try to answer them honestly to yourself. First, is it possible that someone might really have seen your behavior as odd? I ask because I work nights, and I sometimes see things I'd be very concerned about on days, but only mildly concerned about on nights. If I see a coworker starting to nod off, I've done it myself, so my first thought isn't that they are on drugs. My assumption is that they didn't get enough sleep, which happens to all of us at one time or another.

So we back each other up to make sure drowsiness doesn't impair judgement, then all is back to normal the next night. If someone were excessively drowsy on a recurring basis, we'd probably look at finding a more suitable shift before we'd think about drug testing. Anyway, is it possible something along those lines is causing concern?

Perhaps more pertinently, you mention that this is your first job. Are you sure you are ready for it? ER is a tough place to start out. Usually, people have a fair amount of acute care experience before moving into a critical care position. Are you often swamped? Overwhelmed? (I think I would be!) Is it possible you might need some med-surg experience, or even (like me) you're better suited to a med-surg environment? The behavior you've described by your manager doesn't exactly inspire a ton of confidence, but is there a chance you could discuss with her the possibility of transfer to an acute care floor? You can learn a lot when you have the opportunity to follow a group of patients through a few days of care. Each assessment builds upon the previous one and you get a much better picture of what's going on than I think you could assessing and then sitting on a patient for an hour or to. Maybe following the process a bit longer would help you access your ability, eventually, to see the "big picture" at first contact.

Just a couple of thoughts, and best wishes. I hope it works out for you.

Pyrai · Jun 30, 2010

Honestly I know other people are talking about bringing in an attorney, but if you do that, you're not going to want to work there anymore anyway. I am sorry you have been singled out, and I don't know much about the laws around what happened to you, but you should sit down with this person again and ask them why they did this! It's not right, so you should tell them what you know now and make them give you a straight answer this time, none of this "well we saw odd behavior" crap. Tell them you do your job well, you have never been in trouble, and ask what exactly people are reporting! Obviously some of these people are just out to get you, so don't let them get you! This is all my personal opinion! And I will keep you in my prayers

JJGRN · Jun 30, 2010

I agree with KatKonk, your rights were violated!! As a manager, I cannot ask any of my employees if they are taking medications or have any sort of medical condition. You should file a formal complaint with your HR department and/or a lawyer. Drug testing is allowed for any reasoning including suspicious or changed behavior, but is usually done by Employee Health and subsequent questioning regarding health issues can be discussed, as well as your rights as it pertains to applying for and receiving FMLA, etc.

C-lion · Jun 30, 2010

I have a couple of questions, but I want to assure you that I don't mean to be insulting. Frankly, I don't even need answers to them, but I hope you will try to answer them honestly to yourself. First, is it possible that someone might really have seen your behavior as odd? I ask because I work nights, and I sometimes see things I'd be very concerned about on days, but only mildly concerned about on nights. If I see a coworker starting to nod off, I've done it myself, so my first thought isn't that they are on drugs. My assumption is that they didn't get enough sleep, which happens to all of us at one time or another.
So we back each other up to make sure drowsiness doesn't impair judgement, then all is back to normal the next night. If someone were excessively drowsy on a recurring basis, we'd probably look at finding a more suitable shift before we'd think about drug testing. Anyway, is it possible something along those lines is causing concern?
Perhaps more pertinently, you mention that this is your first job. Are you sure you are ready for it? ER is a tough place to start out. Usually, people have a fair amount of acute care experience before moving into a critical care position. Are you often swamped? Overwhelmed? (I think I would be!) Is it possible you might need some med-surg experience, or even (like me) you're better suited to a med-surg environment? The behavior you've described by your manager doesn't exactly inspire a ton of confidence, but is there a chance you could discuss with her the possibility of transfer to an acute care floor? You can learn a lot when you have the opportunity to follow a group of patients through a few days of care. Each assessment builds upon the previous one and you get a much better picture of what's going on than I think you could assessing and then sitting on a patient for an hour or to. Maybe following the process a bit longer would help you access your ability, eventually, to see the "big picture" at first contact.
Just a couple of thoughts, and best wishes. I hope it works out for you.

I think the problem here is that her manager did not broach the subject of assigning her to a different shift or another area, but immediately jumped to suspicion of drug use. If there was indeed, a problem, it was immediately escalated to something else. I would second other people's recommendation of seeking legal counsel.

anonymurse · Jun 30, 2010

Let me ask you: is it possible a diverter is trying to use you for a smoke screen?

=====

Another question: has anyone come up to you as if they were your best friend really concerned for your welfare, and said "OTHERS are talking about you?"

If so, there's a high likelihood that person is the one who started the trouble and who is keeping the fire lit.

The reason they'd approach you like a true friend would be to get you to confide in them so they could have more ammo to press the attack.