My BON notified my employer of my open formal complaint

Posted

Has 22 years experience.

Anyone else have this happen? I have an open formal complaint, my license remains active. I have had an interview with the investigator with my lawyer on the call(nothing in person b/c of covid). Next step is responding to allegations. My manager called me in their office and informed me that they received notice of my open complaint. There’s been no action. My lawyer told me I didn’t have to say anything to my employer unless Action was taken and it hasn’t yet. 
I felt completely shell-shocked and basically said my previous employer said I had co-waste discrepancies and I have hired a lawyer to defend myself. I said that per my lawyer this issue may be resolved without action on my license so I’m not trying to be deceitful. 
I asked if there was anything I needed to do for my current employer, she said no. Just to continue to work and make sure you’re documenting and charting correctly. 
I knew that I mostly likely would have to address this at some point, but I was hoping it was months from now when the BON made a decision about my actions. 

Edited by AbbeyR

Rest assured someone would probably be quite satisfied to learn if your employer finds “reason” to part ways with you. Not that the Board should keep everything a big secret, but it is not uncommon for employers to preemptively get rid of employees that have come under a black cloud. 

AbbeyR, ADN, BSN

Has 22 years experience.

I’m hoping that having union with prevent me from being out right fired. 

Was the formal complaint filed prior to you completing an application with the new employer? I ask because on most applications there is a question as to whether there have been any complaints or current complaints/investigations against you. If this current complaint was already open prior to you applying, they can use that against you as grounds for termination saying you were dishonest on your application. Hopefully, that won't happen but just know it can happen.

AbbeyR, ADN, BSN

Has 22 years experience.

@NurseBlaq No. I had no open complaints when I applied at my current job. I’ve been on this job for 9 months now. My open formal complaint was issued Nov. 6th

OK, then I guess the upside is they're already familiar with you. However, I would still be on guard, dot your Is and cross your Ts until this is all over.

ruby_jane, BSN, RN

Specializes in ICU/community health/school nursing. Has 12 years experience.

2 hours ago, NurseBlaq said:

OK, then I guess the upside is they're already familiar with you. However, I would still be on guard, dot your Is and cross your Ts until this is all over.

^absolutely^ Also - it's unusual that you would be required to let a current employer know about pending Board complaints - more normally you'd be required to notify when the action is signed and sealed. This may be state-specific, but in my state, this seems sketchy...Best of luck.

This makes me mad for you. 

2 hours ago, ruby_jane said:

^absolutely^ Also - it's unusual that you would be required to let a current employer know about pending Board complaints - more normally you'd be required to notify when the action is signed and sealed. This may be state-specific, but in my state, this seems sketchy...Best of luck.

I agree with what Ruby said. The fact that they notified the employer prior to anything being finalized or officially worked out seems real sketchy. That's like a court notifying your employer of an arrest before you've ever been convicted. Innocent until proven guilty is a figment of all of our imaginations, evidently. 

One thing that I hope brings you comfort is that if this job were to do something rash about this before anything was finalized with the BON on your license, you have to ask yourself if that's even the kind of employer you'd want to work for. I know we all need jobs (boy do I know it, as I'm in the midst of losing my non-nursing job due to grant funding), but it's also really important to work somewhere that you feel heard and supported. Hopefully they do the right thing. 

AbbeyR, ADN, BSN

Has 22 years experience.

My manager was very understanding during the conversation, but ultimately the decision rests with the hospitals HR. I know a few of you have been following my story so for reference I work at the University of Michigan hospital. We do have a union and although my State is “at will” I’ve heard that instead of just being terminated, the union may help with trying to find resolution to keep your job. 

8 minutes ago, AbbeyR said:

My manager was very understanding during the conversation, but ultimately the decision rests with the hospitals HR. I know a few of you have been following my story so for reference I work at the University of Michigan hospital. We do have a union and although my State is “at will” I’ve heard that instead of just being terminated, the union may help with trying to find resolution to keep your job. 

I do have a feeling that if it comes down to it the union will support you. It's in every nurses interest to protect nurses who have been wrongfully accused or made a mistake. It could happen to anybody. 

StarlaBanks

Specializes in Addiction, Recovery, Psych. Has 21 years experience.

One harsh reality about nursing is that nothing is kept within the bounds it should. We as nurses see things one way, and all those above us see it another way. Our employers, the State BONs, etc are not out to do what’s best for us as healthcare providers. They are there to protect the public and patients. Is it right? No, not always. Is it our reality? Yep. 
 

my advice is the same as everyone else’s- don’t flex a single rule for a single second. In my five years in an assistance program, I was never in a med room with the door closed, I never did anything without first announcing it, I double and triple checked my charting, I acted as though I could potentially be asked to empty my pockets at a moments notice or submit a hair/blood/urine sample at any time. It’s exhausting, but it becomes habit, and it actually improves your nursing procedures.