I am under investigation by BON. Ethical question: Share or not share with potential employers?

[42pines]

I have been under investigation for twenty months by my State Board of Nursing for twenty-four itemized complaints.  One day at 5pm I was abruptly fired.  No explanation was given.  There had been no prior warnings, just “leave and never return.” (Seriously!)

Repeatedly, since then, I have been approached to apply for a nursing job.  Each time, I shared that I was under investigation with the BON, offering to share both the complaint and share why I was innocent.  Each time this ended the hiring process.

My question for you is:

With the list of complaints alleged, (see the end of the post) especially the last one that alleges cognitive impairment, which of the following statements do YOU as a nurse agree with:

I believe that I must ethically let any potential employer (if the job will be working as an RN) know that there is an impending, and as yet, unresolved BON complaint against me.

OR

I believe that I am not ethically bound to share with any potential employer, (if the job will be working as an RN) that there is an impending, and as yet, unresolved BON Complaint against me.

Please DO NOT ask for any more information.  This is imperative.  Giving out too much information before investigation is finished could be interpreted as witness tampering (interfering with the investigation).  My lawyer has warned me to be very careful about giving out information.  Therefore, I cannot, at this time, give out any more information. 

I promise, that when the time is ripe, I will write, probably an article, sharing the entire story.

 

Since you will naturally want to know what the complaints were, here they all are:

Sent an unethical and unprofessional letter to a doctor.

Fraud, four separate itemizations

Mistakes administering medications.

Failing to document.

Failing to notify doctor of medical issues or medication issues.

Failure to wash hands when handling medications.

Failure to use gloves properly.

Failure to properly assess.

Failure to perform as ordered. 

“Creates a negative environment.”

“Nurse was late.”

“Nurse appeared scattered and somewhat sedated.”

Re-injection of insulin with the same needle.

Did not wash hands after injecting insulin.

Not cleaning hands between patients.

Inappropriate delegation to LNA’s

Refusing to work as part of a team.

Questionable assessment skills.

RN “talked more than worked.”

Neglecting patients.

Sloppy or non-existent documentation.

Violation of HIPAA (Keeping patient photographs on personal phone)

“The way the RN acts with some of the female residents is cause for concern.”

Engaging in nonsensical conversations causing interference with staff performing duties.

Talking too much.

“Medical or mental health issues (or a combination of both) that would prevent him from providing nursing care in a safe, professional and appropriate manner.”

[Sour Lemon]

That's not something I would share unless it was specifically asked.

[JBMmom, MSN, NP]

Because the charges are as yet unfounded and you maintain you are innocent I would not share that information unnecessarily. If you are cleared then I don't think your employer would ever have to know. 

[42pines]

24 minutes ago, Sour Lemon said:

That's not something I would share unless it was specifically asked.

Thank you Sour Lemon, So you are saying that if there was a pending investigation against you and you were applying for a job as an RN, you feel you are NOT required to share that there is a pending complaint?

[BillieReuben]

Don’t they ask you on your application if there are any issues with your license?  If you haven’t actually been subjected to disciplinary action or forced to surrender your license OR told by the board that you have to disclose their investigation to potential employers, then I think I’d probably keep it to myself. If you become subject to disciplinary action by the board after you’re hired, your employer will find out then. 

[Nurse Beth, MSN]

Check with your state BON and Nurse Practice Act, it most likely does not require you to disclose an investigation.

Unless the employer specifically asks if your license is under investigation, then it's a completely personal decision.

 

[amoLucia]

A job application usually asks 'have you ever been terminated from a position'. Wouldn't this open a 'Pandora's Box for OP to explain?

[Sour Lemon]

2 hours ago, 42pines said:

Thank you Sour Lemon, So you are saying that if there was a pending investigation against you and you were applying for a job as an RN, you feel you are NOT required to share that there is a pending complaint?

I'm saying exactly what I said:

"That's not something I would share unless it was specifically asked."

[Davey Do]

This has all the earmarks of someone being out to get you, 42pines.

I'm sensing this because I have been terminated under similar circumstances.

I have utilized both governmental and legal agencies to set the record straight and have my innocence documented.

I've even received a little bit of compensation as a result of the false accusations.

I am not a vindictive person, but when some sociopathic administrator makes documented false accusations about me that questions my integrity and jeopardizes my livelihood, I retaliate and go for their gonads!

I'm rootin' for you, 42pines!

[chare]

5 hours ago, 42pines said:

[...]

Please DO NOT ask for any more information.  This is imperative.  Giving out too much information before investigation is finished could be interpreted as witness tampering (interfering with the investigation).  My lawyer has warned me to be very careful about giving out information.  Therefore, I cannot, at this time, give out any more information. 

[...]

And you felt compelled to come here and post twenty six specific items?  As the internet us not nearly as anonymous as we like to believe, and this is discoverable, I would ask one of the moderators to delete this entire post.

And, if it were me, I would not discuss this with anyone other my counsel and my spouse.

Best wishes.

[42pines]

Thank you all.

How interesting that not one person actually has answered the question listed here.

Still, the responses were interesting, and appreciated.

[Sour Lemon]

21 minutes ago, 42pines said:

Thank you all.

How interesting that not one person actually has answered the question listed here.

Still, the responses were interesting, and appreciated.

You've gotten several "actual" answers. At least, they're as "actual" as they're going to get without a complete picture.

Is this even a real situation?