Is this legal?

Nurses General Nursing

Published

The hospital I work for assigns us lockers, and they have built in combos. I was recently made aware by a coworker that my locker was searched over a month ago because another coworker claimed to have seen me taking pills. I keep Claritin and Tylenol in my locker. When I need them, I take them. I was caught off guard by he fact hat this all took place and I was never asked or told about it. When I questioned my nm she said the found Claritin and Tylenol and figured I must have had a headache. I feel violated. I also want o confront this coworker. I don't take drugs, but I am fairly certain she does. In fact I will not waste with her because she can never produce what is to be wasted. What gives?

Specializes in Nursing Professional Development.
i suspect that this was in reaction to your refusing to waste with her. also, now you have to worry about things being planted in your locker. my thoughts would be to stop using locker and make it a point to give it up. what ever you can't carry stays in your car.

This post brings up a good point. I would protect myself by telling my NM (and HR -- perhaps at a joint meeting) the whole story and asking to get rid of the locker. Tell her your fears that someone with an axe to grind would plant something in your locker and then report the presence of the substance to you. Ask for their help in keeping you safe from harm by a vengeful person.

Document your request for help -- just in case something like that happens in the future.

thanks,......I think i would simply state that the other nurse doesn't follow policy about waste, and not mention your thought that she/he may be diverting.

This post brings up a good point. I would protect myself by telling my NM (and HR -- perhaps at a joint meeting) the whole story and asking to get rid of the locker. Tell her your fears that someone with an axe to grind would plant something in your locker and then report the presence of the substance to you. Ask for their help in keeping you safe from harm by a vengeful person.

Document your request for help -- just in case something like that happens in the future.

Specializes in Hospital Education Coordinator.

don't know about the law, but I will assume that the hospital considers the locker their property, not yours. It is there for your convenience. That said, don't leave anything in it that you don't want lost or talked about.

i suspect that this was in reaction to your refusing to waste with her. also, now you have to worry about things being planted in your locker. my thoughts would be to stop using locker and make it a point to give it up. what ever you can't carry stays in your car.

I would give up the locker in writing and keep a copy of my notice to the employer.

I have a few questions and comments. How did the person who told you about the search know about it? It bothers me that a search was done with others present, if this is the case. While an employer might have the right to search lockers, it seems a violation of privacy to do it in front of other people. They would wonder what's going on and it would reflect on those who use the lockers.

How do you know the search was because someone accused you of having pills? Did the person who told you about the search also tell you that? Because those searching were talking about it? Again, nasty violation of the privacy... AND of someone not found to be guilty.

How do you know who reported you? I think it's your right to know, probably, maybe...and that knowledge surely would lead me to avoid that person. It's also your responsibility to report a suspicion of drug diversion. You suspect this person of doing that. If she is, that means a patient isn't getting the meds that are needed. It also means the diverter needs help and isn't thinking with a clear brain.

If you trust your manager and she is one you can talk to, go talk to her about your feelings of violation. If all if this continues to bother you and you don't get it out, it could color your attitude about working where you work. I doubt confronting the person who reported you would do any good. It would just keep your mind on it and add to her fuel. She can't escalate if you don't give her fuel. But, if you decide to confront the reporter, don't do it alone. Ask your manager to be with you. That way you have a witness. Then, calmly ask her reason for reporting you, and calmly react to whatever she says.

Yes it was done with 2 coworkers present, they just happened to be in the locker room at the time. They asked what was going on, and they were told, "xyz RN" claimed to see miss lady rn taking something. So not only did they do it in front of people, they told those 2 people why and what was said. It was searched by the NM and the education clinician. I am not sure how many people know, but I do find this humiliating. I have never stolen or taken anything in my life! And I do feel that this was retaliation for me refusing to waste with XYZ nurse. It happened right after I told her in no uncertain terms if you don't have what needs to be wasted, don't call me to waste with you. I have never seen her take anything, but she never has the waste to waste.

Obviously I DO NOT trust my nm anymore,would you? When I asked about this she claimed they never suspected me of anything, but that they have to investigate all reports, she said if they had suspected anything they would have asked me to take a drug screen.

I have already cleaned out my locker. It is totally empty. I did it that day. I know there are some other nurses who do not use them, now I know why. I will notify my NM via email so I have it in writing. As for nurse xyz, we are going to have a little chat when I see her next time. I also am going to report in writing, to my nm that I suspect this was retaliation for refusing to waste with her and her lack of following the protocol.

your nurse manager shouldn't have access, this should be for security/HR. make sure you notify everyone that needs to know that you are not using locker, and the access code needs to be reset. Also do not confront this person alone, you will be giving her ammunition.

Yes it was done with 2 coworkers present, they just happened to be in the locker room at the time. They asked what was going on, and they were told, "xyz RN" claimed to see miss lady rn taking something. So not only did they do it in front of people, they told those 2 people why and what was said. It was searched by the NM and the education clinician. I am not sure how many people know, but I do find this humiliating. I have never stolen or taken anything in my life! And I do feel that this was retaliation for me refusing to waste with XYZ nurse. It happened right after I told her in no uncertain terms if you don't have what needs to be wasted, don't call me to waste with you. I have never seen her take anything, but she never has the waste to waste.

Obviously I DO NOT trust my nm anymore,would you? When I asked about this she claimed they never suspected me of anything, but that they have to investigate all reports, she said if they had suspected anything they would have asked me to take a drug screen.

I have already cleaned out my locker. It is totally empty. I did it that day. I know there are some other nurses who do not use them, now I know why. I will notify my NM via email so I have it in writing. As for nurse xyz, we are going to have a little chat when I see her next time. I also am going to report in writing, to my nm that I suspect this was retaliation for refusing to waste with her and her lack of following the protocol.

My nm did show me the report she wrote post search, it did state that they did not suspect any illicit drug use and had a detailed list of every pencil and thing they found in my locker.

Did you get a copy?

My nm did show me the report she wrote post search, it did state that they did not suspect any illicit drug use and had a detailed list of every pencil and thing they found in my locker.

yes, I did make copy. Which she seemed irritated by! But I have it.I was so angry at the time I didn't care.

Specializes in Trauma, ER, ICU, CCU, PACU, GI, Cardiology, OR.
yes, i did make copy. which she seemed irritated by! but i have it.i was so angry at the time i didn't care.

i neglected to say in my previous post "good call for making a copy"....aloha~

Specializes in IMCU.

Honestly I feel quite sick on your behalf and I have just learned a huge lesson -- sadly at your expense -- about locker and taking Tylenol etc. at work (do it all the time). It would never have occurred to me someone would have thought I was taking something I shouldn't.

Now back to you...

I honestly think a quick reaction here will harm you more. Be cool and smart. The person that angers you gets control over you. Don't give this little so and so that much power. Reporting this woman straight away for not following protocols may bite you. If you have clear evidence, that is one thing. If what you have to report is simply what you have observed -- you will look like the one retalliating.

If this woman can, in all truth, say she saw you taking "pills" and they found Claritin and Tylenol in your locker -- she was telling the truth (she dressed it up as something nasty obviously). Be careful with people who are addicts. They are slippery, manipulative and will bend an innocent truth to suit. They don't care about collateral damage. If she can get people looking at you instead of her for a while, that'll work.

I am so sorry you are having this experience.

DV

Specializes in MS and LTC.

OH YEAH... i would watch my back with that one. and wasting? if zero is there then there is zero to waste. that nurse better show me something or else i aint wastin it. no way no how seen this one before. that nurse is takin the spotlight off herself. watch your back.

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