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.”

42pines, only you can make the decision as to what action you are going to take.

These are my thoughts about the situation:  Even if you are not required to disclose the BON investigation to employers, I believe you are taking the right action by being upfront and honest with potential employers.  You said you see this as the right action also.  I think it is important that you continue to do this.  Being known to be open and honest is very important, and being found out, once you are hired, to have omitted to disclose information that could have a bearing on an employer's decision to hire you, I believe could have far worse consequences for your career and for your life than not being considered for a job.  But that is just my view. 

Another thought is that nursing malpractice insurance, to my knowledge, asks a person when they apply for coverage if they have been the subject of complaints, etc.  I think the situation you are in could get much more complicated if a new employer finds out that the BON is investigating complaints that were made in regard to you, and you did not disclose this to your employer prior to them hiring you.

 

Nobody amasses that many and varied complaints.. and keeps on working.

If you want to ask what is ethical or unethical, ask yourself if it ethical to present such an obvious lie to professional nurses.

Specializes in Critical Care.
2 hours ago, Susie2310 said:

These are my thoughts about the situation:  Even if you are not required to disclose the BON investigation to employers, I believe you are taking the right action by being upfront and honest with potential employers.  You said you see this as the right action also.  I think it is important that you continue to do this.  Being known to be open and honest is very important, and being found out, once you are hired, to have omitted to disclose information that could have a bearing on an employer's decision to hire you, I believe could have far worse consequences for your career and for your life than not being considered for a job.  But that is just my view. 

 

 

I disagree.  If we are innocent till proven guilty why tell future employers about an investigation that will most likely prevent one from getting a job and paying the bills.  If it were me, I would do the practical thing, not volunteering info, get a job to provide for myself and family and save money for the lawyer.  Others may not agree and choose instead to be scrupulously honest to their own detriment.  I would rather have a roof over my head and food on the table.  What is sad is this situation seems false and unbelievable by the over the top, numerous allegations and yet the OP will need to spend tens of thousands for defense.  Without an attorney, the outcome will probably be worse.

2 hours ago, brandy1017 said:

I disagree.  If we are innocent till proven guilty why tell future employers about an investigation that will most likely prevent one from getting a job and paying the bills.  If it were me, I would do the practical thing, not volunteering info, get a job to provide for myself and family and save money for the lawyer.  Others may not agree and choose instead to be scrupulously honest to their own detriment.  I would rather have a roof over my head and food on the table.  What is sad is this situation seems false and unbelievable by the over the top, numerous allegations and yet the OP will need to spend tens of thousands for defense.  Without an attorney, the outcome will probably be worse.

I think this is about more than just "we're innocent until proven guilty." As you said, by not disclosing the BON investigation to potential employers, if the OP is hired he/she will be able to receive employment income from that employer.  That is, as long as the employer doesn't learn of the investigation after they have hired the OP and decide to take an action that would not be in the OP's favor.  As I see it, ethical principles apart, there is actually quite a good practical chance an employer could find out about the complaints/BON investigation.  The OP's ability to put a roof over their head and food on their table with an employer from whom they withheld this information might only be temporary, until that employer learns of the situation and should that employer decide to take an action that will affect not only the OP's ability to receive employment income from that employer, but that could also affect the OP's future employability/licensure.   One might well lose more in the long term than one ever expected.  That's how I see the situation.  The decision is the OP's to make.

If I will be your employer and saw those scrupulous allegations, I won't hire you.  I'm just being fool if I will ever accept you. You already burned your bridge when you sign up my company's application. That's  how I will turn down any application.

Specializes in Critical Care.
8 hours ago, magellan said:

If I will be your employer and saw those scrupulous allegations, I won't hire you.  I'm just being fool if I will ever accept you. You already burned your bridge when you sign up my company's application. That's  how I will turn down any application.

I don't understand your post.  Are you saying you won't hire the OP if she tells the truth about the current investigation?  Are you saying she should not mention it?

Frankly, it's a mess.  Obviously the facility was bad as she said it has since closed.  Hard to believe all the allegations are true as they seem over the top.  If true, why didn't they just fire her in the first place.  Either way the OP is in a bad way.  It will be an uphill battle to fight this and come out unscathed!

The OP is in a bind and needs a job.  It is highly unlikely someone will hire her if she brings up the investigation, but I'm sure money is needed for food and shelter and the mounting legal fees.

We are conditioned to be conscientious and open, but in the real world it can and will be used against you.  At the end of the day, it is a personal decision and there is risk either way.  Being totally transparent creates the immediate risk of continued unemployment.  Also nursing is a small world and the word may spread re these accusations, thereby poisoning the well.  Not mentioning the investigation could result in being fired from a new employer if the BON does sanction the OP in the end. 

I don't think there is one right answer.  One has to do what they need to do to survive and be able to sleep at night.  The OP says the allegations are untrue so to bring it up would only cause further harm from this unfounded slanderous accusation and the OP would found herself essentially blacklisted.

That's his calling on how he will handle that kind of situation if he applies for job. But my take is, if I see those allegations there's no way for me to hire him. Besides, I still have to do criminal check, professional verification, drug testing etc for every other applicants that will come to my company. There's alot more to consider when it comes to employment because I want my company to be a success not a failure so whoever comes in, I must make sure that they will function well.

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.
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 saw at least one that says what I would say. To wit., since a large number of investigations go nowhere and are dismissed, and there is no finding issued, you are not obliged to disclose an investigation until and unless there are repercussions. 
Separate issues: that’s a pretty big list and I agree that it should be removed because somebody here might recognize it.
And you get to do some seriously unflinching soul-searching about nursing. As in, are you going to keep doing it, do it in a different way, or get out entirely? I don’t know all the facts, obviously, but some pro counseling might be in order regardless. 

Specializes in Occupational Health; Adult ICU.

@hannabanana   Yes, I intend to continue nursing.  I have only a Capstone course to finish a BSN (with a cum 3.9+) and expect to move on to attain a Master's.

I'm curious, why "pro counseling?"

It'd be quite a far stretch to point to that list and say it's witness tampering.  Yes, I cannot say actual names/places and so on, but the list is benign.

Specializes in Physiology, CM, consulting, nsg edu, LNC, COB.

Two scenarios: One is that you actually do have something did make your practice unsafe as alleged in that laundry list, in which case you might want to explore what makes you self-destruct like that. If that's not it, and you are completely innocent of any of it, you might still need some help dealing c the process and aftermath.

I have been involved c cases like this as a legal nurse consultant. The nurses involved were both successful in defending their cases against the hospitals (for being fired for cause, and one was reported to the state board for worse charges than the other). (I was asked to opine on the nursing stds of care and practice and was able to demonstrate that neither had been negligent or even violated their institution's own peculiar policies.) However, it was a very long process, several years for each, and very stressful. Counseling will help you deal if that's the case.

Specializes in Psych (25 years), Medical (15 years).
Specializes in Psych (25 years), Medical (15 years).
On 2/8/2021 at 6:20 PM, Hannahbanana said:

I saw at least one that says what I would say. To wit., since a large number of investigations go nowhere and are dismissed, and there is no finding issued, you are not obliged to disclose an investigation until and unless there are repercussions. 

I doff my proverbial hat to you HB.

12 hours ago, Hannahbanana said:

Two scenarios: One is that you actually do have something did make your practice unsafe as alleged in that laundry list, in which case you might want to explore what makes you self-destruct like that. If that's not it, and you are completely innocent of any of it, you might still need some help dealing c the process and aftermath.

I have been involved c cases like this as a legal nurse consultant. The nurses involved were both successful in defending their cases against the hospitals (for being fired for cause, and one was reported to the state board for worse charges than the other). (I was asked to opine on the nursing stds of care and practice and was able to demonstrate that neither had been negligent or even violated their institution's own peculiar policies.) However, it was a very long process, several years for each, and very stressful. Counseling will help you deal if that's the case.

Again, hat doffed.

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