Published Sep 18, 2009
tabswifeRN
118 Posts
I need some advice. about 10 years ago I had my daughter at daycare and they lost her. I found her and the cops said I was neglecting my child and called CPS and they took my daughter for 3 days. they brought her back because they didn't have any evidence. I started working in a LTC facility a week ago and they called my this morning and said they had to let me go because of child abuse. I was never charged with anything. and now my heart is broken because they act like i'm going to abuse some little elderly person. I would never hurt anyone and have been crying all day because I know that I woulnd't hurt anyone. I don't know what to do. Will I ever be able to have a nursing job with this thing? It doesn't show up on my criminal back ground check, I've only had one ticket in my whole life and that is it. any advice as to how I can get this off of my record? any thing would be appreciated.
I_See_You_RN
144 Posts
Oh wow,.. I really think that your job acted inappropriately to fire you if you were not charged and convicted. I do think they had the right to suspend you with or without total/partial pay until they could get everything figured out since it is a safety concern. (Just put yourself in their position,.. It would be the prudent thing to do to suspend someone who they had good reason to at least suspect child abuse,.. b/c if they didn't and something happened that would be their behind)
My suggestion: I believe by law you have the right to obtain a copy of any background check or historical report on you that they used to make a hire/firing decision. Once you get a copy, contact the agency who made the claim and discuss your case with them. If in fact your name was cleared you should obtain a certified letter clarifying the entire situation and the final conclusion that the investigating body came to.
If everything is clear you should request to be reinstated immediately by your department head,.. and if they are still stubborn than you should have a hearing with either your union or the nursing obudsman.
Good luck!
they told me even if I had it expunged from my record that they woulnd't rehire me. It really breaks my heart because I was getting attached to some of the residents. I had one elderly gentleman that followed me every where I went. Will this hender me from getting a job in a hospital in the future. they gave me a number to call about it. I'm going to give them a call tomorrow and see why this doesn't show up on a FBI criminal check but shows up on a DSHS background check. I'm so sad right now:sniff:
I think you need to be a little bit aggressive. Especially with this job market you could be out of work for months. If they did in fact state that if you were expunged they still wouldn't take you back,..that just sounds unfair.
However I must say that your post was a little vague. It went from "day care lost child" to you being accused of child neglect... which in itself doesn't make a lot of sense. There are many times when a child might be visually neglected (unclean but not dirty enough, or thin but not thing enough) where you can be suspected but by law can't be charged. As a facility who is responsible for at times helpless individuals maybe they do have a case where they don't want to risk anything that looks, smells, could be, might be, kinda sorta be neglect.
I'm not accusing you of anything because this could just be a huge, ugly mix up. However, I don't think it matters so much if its not on an FBI report but on the DSHS because an employer does have the right to dismiss an employee due to character issues. If you feel strongly enough about your complete innocence then I would contact DSHS, ask them to re-evaluate your case to see if it could be erased so that you won't have a problem with future employment.
classykaren
107 Posts
No I hate to hear things like this. Get a lawyer if you can't afford one go to Legal Aid
llg, PhD, RN
13,469 Posts
I agree with the others. Get your record cleaned up as much as you can and be sure to have copies of any "final reports" or anything that documents what actually happened with your child. Be prepared to share those documents with your next prospective employer.
SuesquatchRN, BSN, RN
10,263 Posts
Lawyer, Stat.
I was never charged with anything. when the daycare lost my daughter the police officer I found in my neighborhood was a jerk to me from the moment I tried talking to him. he treated my like I was the criminal. I had to get up against the back of his car and he wouldn't let me say anything. He took my daughter, wouldn't let me see her, or talk to her. I got her back 3 days later because a manditory 72 hour hearing came back with no evidence and that was that. Now on the background check it says I am guilty of child neglect and abuse, I never had to go to court, I was never arrested, Nothing. How could this say I was found guilty of these charges when I was never tried. I just don't understand this. I have passed every background check until now. also the place I worked at had my background check since the 11th and they just let me go yesterday after working me for a week straight. doesn't make any sense to me.
BabyLady, BSN, RN
2,300 Posts
Investigations, where the parents are CLEARED of abuse charges are NOT public record.
I also don't understand how the police can say (and this is where you should have got an attorney) that you were neglecting your child when you left your child in the care of a paid daycare provider...if anyone should have been investigated, it should have been the daycare workers.
I don't think that they found out through a background check...I think someone that has a "beef" with you has called and told them about your past.
You also need to contact an attorney to have your employment record subpoenaed.
If they were stupid enough to tell you to your face that this is the reason that they fired you...then you need to find out who at CPS broke the confidentiality or what records that they have that "show" you were charged with child abuse.
If you were arrested for child abuse, you would have remembered it...it usually goes along with mug shots and fingerprints.
If you didn't go through that, then you were NOT arrested.
I was never arrested. I have never been arrested for anything. ever!
iRN86
53 Posts
i'm sooo sorry to hear that..especially in this job market thats the worst thing that can happen. but to be positive, think of it as a better opportunity awaiting elsewhere. God closes one door and opens another.
Thats what my mom said irn86. She told me that maybe I wasn't ment to work in that facility. I was hired on for mollen immunization clinics as they said they really need nurses in washington state. So I will do that and hopefully something better will come along. Just gotta keep moving forward. and I have already contacted the people who do the background checks to see exactally what is on that report. You think all of this would have happened when I started nursing school, not after I graduated and got my license (just got it in the mail a few days ago!) Oh well I will do what I can to clear my name.