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

Nurses General Nursing

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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.”

Specializes in Pediatrics, Pediatric Float, PICU, NICU.
14 hours ago, chare said:

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.

I completely agree with this. Listing all of the complaints, very specifically and what seems word for word, would easily make you identifiable if I were part of the leadership team (or opposing attorneys) that put these list of complaints together against you and therefore could be considered "witness tampering" per your description in the original post. 

IF this is legit and not a homework post as it seems it could be, then I'm not sure why you not only didn't take your lawyers advice to not give out information but did so on the internet where nothing is anonymous and anything can be found out. 

Specializes in school nurse.
6 hours ago, caliotter3 said:

Hard to take seriously.  Sure reads like an assignment for an ethics, leadership class.

I wonder: what are the ethical considerations regarding lying about an ethics question...? ?

Specializes in Psych (25 years), Medical (15 years).
23 minutes ago, JadedCPN said:

I completely agree with this. Listing all of the complaints, very specifically and what seems word for word, would easily make you identifiable if I were part of the leadership team (or opposing attorneys) that put these list of complaints together against you and therefore could be considered "witness tampering" per your description in the original post. 

I enjoy arguing and debating premises with those that I respect, such as you, JadedCPN.

I just want to box the ears of the others.

Before I argue my premise any further, I am requesting some background information: What is your personal experience with governmental and legal entities when involved in a employment dispute?

Edit/PS: I'll show you mine if you show me yours.

Specializes in Primary Care, Military.
On 1/27/2021 at 2:30 PM, 42pines said:

...

“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.”

 I'm doomed. ?

Specializes in Perioperative / RN Circulator.
On 1/27/2021 at 4:57 PM, amoLucia said:

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?

Most job applications I’ve seen do not ask this question like that. They ask reason for leaving previous and employers, and whether or not you are eligible for rehire.

Specializes in Community health.
On 1/28/2021 at 1:05 AM, 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.

I’m sorry, what?  ? You’ve gotten several thoughtful, nuanced responses. None of them cut-and-pasted your “answer choices” though.  If this is a homework assignment, you’ve actually gotten a lot of good dialogue, both pro and con, to use in your response. 

15 hours ago, Silver_Rik said:
On 1/27/2021 at 4:57 PM, amoLucia said:

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?

Most job applications I’ve seen do not ask this question like that. They ask reason for leaving previous and employers, and whether or not you are eligible for rehire [emphasis added].

This, in effect, is asking if you have ever been terminated from a position.  If you have, and don't list it as the reason for leaving, you might get away with it; unless the prospective employer verifies your employment history with that agency.

On 1/28/2021 at 12:05 AM, 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.

What do you mean no one has answered?  Read the replies again.  People have definitely answered your question.

 

Why would you share any of that on the internet anyway if this were a real BON complaint?  There is a difference in a group assignment for your class among willing participants and then there is "borrowing" perspectives from others unaware....Do your own work. You're obviously not thinking.

Specializes in Critical Care.
On 1/27/2021 at 7:16 PM, Davey Do said:

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!

I am rooting for you too! What a bunch of bull....none of us are perfect.  My god if the docs we worked with were under a microscope by our own peers.  Where would we be?  Why do we do this to each other as nurses??

On 1/28/2021 at 9:15 AM, Nurse Beth said:

All of a sudden I feel duped I think you're right caliotter3

(raises hand) yeah me too.

Specializes in Occupational Health; Adult ICU.

Thank you all for your thoughts.

It's clear that contrary to my sense of ethics most believe that staying quiet and not sharing that the complaints exist with a potential employer is necessary.  I'll have to review my sense of ethics.

It's a real, and rather horrible scenario, not a troll post.  Davey Do's post hit the nail on the head.  The action is a vendetta, not against me per se, but rather to put two others in a better economic position.

For those who think I'm a troll, it might be wise to look at the person, in this case: 

https://allnurses.com/profile/411679-42pines/

For those who jumped on the pigpile of "he's a troll," well, frankly, you've been trolled, and turned into a sort of bully for believing that so easily.  Such action is common enough in nursing, I'm sad to say.

Most to not realize that simply said: Your BON is not your friend and may become a terrible enemy.  

Most do not realize that having insurance will help in the slightest and hiring a lawyer, except in the simplest of cases will also not help, unless you have $50k or more to spend.

I've written one article here, and when the dust settles I'll write another, about this.  In the meantime the following article is the best I've found so far about a BON complaint, it might surprise you.

See: WHAT EVERY NURSE REALLY NEEDS TO KNOW ABOUT LEGAL ADVICE
FROM THE BOARD OF NURSING

https://www.thehealthlawfirm.com/resources/health-law-articles-and-documents/board-of-nursing-legal-advice.html

I recommend all nurses read that one.

 

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