Need advise. About to be put on probation in CA for DUI.

Guests · Jun 28, 2013

I was convicted of a DUI 12 years ago and got a 2nd one this year.... but I do not have a problem with alcohol, and rarely drink.

The truth is that you *do* have a problem with alcohol... and that is that, while it may only be rarely, you become intoxicated and then decide to drive. Not to be too 12-steppy but admitting the problem is the first step and you don't seem to be there, yet.

I hired a licensing attorney to help me. I met with the head of HR and my union rep together

Good, good, and good -- due process is important.

they said I did not need to disclose this to my manager unless there were restrictions on my license... I want to tell my manager.

If your lawyer and HR say to keep it quiet, don't be a fool... keep it quiet.

But my question, which I have been looking for answers for months, is-if I get put on probation, will I be terminated?

That's a question for your union rep and HR. Since you have a contract, you may be OK.

Will my employer work with my restrictions? All they would have to do on their part is fill out a one page quarterly repot pretty much reviewing my performance and evaluating me.

That depends on the terms of your contract and how management feels about you.

I'm driving myself crazy not knowing what's going to happen with my job. Thank you!

I sympathize... no way to know until you're there but I would certainly pose these questions to the attorney and the union rep.

More importantly, though: YOU NEED TO NEVER, EVER DRINK AND DRIVE AGAIN...

One time is all it takes to maim and kill. Now that it's clear that you have a problem (which you still haven't owned), you have no excuse... none.

Nursequestion · Jun 28, 2013

I appreciate your feedback but to directly label me when you don't know the situation is not what I'm here for. I'm looking for information from anyone who has been in a similar situation. My main question is finding out if a nurses employer was willing to work with then after they were put in probation in CA. Any advise regarding this would be appreciated!

Meriwhen, ASN, BSN, MSN, RN · Jul 2, 2013

I appreciate your feedback but to directly label me when you don't know the situation is not what I'm here for. I'm looking for information from anyone who has been in a similar situation. My main question is finding out if a nurses employer was willing to work with then after they were put in probation in CA. Any advise regarding this would be appreciated!

To be honest, how the other poster put it is pretty much how the BRN is going to see it...and you. You ARE going to be labeled by the BRN. You ARE going to be considered as having an alcohol problem by the BRN. How extensive the problem they feel it is, who knows? You may or may not end up in the diversion program.

Whether or not YOU feel you have an alcohol problem is irrelevant to the BRN--all that matters to the BRN is what the BRN thinks. That is the harsh reality and while you don't have to agree with it, it is what it is and you need to accept it.

One DWI could be written off as an honest mistake or one-time lapse in judgement. Two DWIs could also be honest mistakes...but are more likely to be seen by a BRN as a pattern/hint to a possible problem.

As far as getting hired or keeping your current job with a history of probation...it's possible. Employers take these matters on a case-by-case basis. If you're a really good employee, they may be more willing to work with you to keep you in the job. But given how competitive the job market here is, it could be very tough.

Heed the advice of your lawyer and your union rep. Do not go in front of the BRN without the lawyer. You need to minimize the damage.

Best of luck.

wish_me_luck, BSN, RN · Jul 3, 2013

To be honest, how the other poster put it is pretty much how the BRN is going to see it...and you. You ARE going to be labeled by the BRN. You ARE going to be considered as having an alcohol problem by the BRN. How extensive the problem they feel it is, who knows? You may or may not end up in the diversion program.
Whether or not YOU feel you have an alcohol problem is irrelevant to the BRN--all that matters to the BRN is what the BRN thinks. That is the harsh reality and while you don't have to agree with it, it is what it is and you need to accept it.
One DWI could be written off as an honest mistake or one-time lapse in judgement. Two DWIs could also be honest mistakes...but are more likely to be seen by a BRN as a pattern/hint to a possible problem.
As far as getting hired or keeping your current job with a history of probation...it's possible. Employers take these matters on a case-by-case basis. If you're a really good employee, they may be more willing to work with you to keep you in the job. But given how competitive the job market here is, it could be very tough.
Heed the advice of your lawyer and your union rep. Do not go in front of the BRN without the lawyer. You need to minimize the damage.
Best of luck.

THIS!! OP, I am in VA, not CA; however, Boards can be similar. I have an acquaintance that got three DUIs, one more than you, and he checked no to chemical dependency problem because he was not told he had one. The background check came back on him with the DUIs and his license was suspended for 2 years and he was put in HPMP after that. The suspension came from lying. The Board will think you have a problem, even if you do not think so.

I had alcohol abuse, not alcoholism, I still have to go to AA meetings. The Boards and monitoring programs do not differentiate.

Nursequestion · Jul 3, 2013

See this isn't what my question was. I'm not hiding anything. I've told the boards. I've also told HR and my union rep. Who I haven't told was my manager. My license isn't suspended or going to be but there is a chance I will be put on probation. My question was if anyone has been employed and put on probation while employed in CA? And no I do not have to do a diversion program. Im just curious if employers work with employees already employed there with their probation conditions. Thanks!

Cohiba · Jul 3, 2013

Im just curious if employers work with employees already employed there with their probation conditions. Thanks!

As with many many other threads in this sub-forum, there is absolutely no way to answer that question since circumstances vary between cases and what works for one set of conditions (DoJ, employer, BoN, employee, crime, disposition, etc.) may not work for another set. The only way to figure out what your employer will do is to let them know and see how it shakes out...

Meriwhen, ASN, BSN, MSN, RN · Jul 3, 2013

See this isn't what my question was. I'm not hiding anything. I've told the boards. I've also told HR and my union rep. Who I haven't told was my manager. My license isn't suspended or going to be but there is a chance I will be put on probation. My question was if anyone has been employed and put on probation while employed in CA? And no I do not have to do a diversion program. Im just curious if employers work with employees already employed there with their probation conditions. Thanks!

As I mentioned in my prior post, it depends on the employer. Some are willing to work with employees with disciplined licenses. Others do not want to bother, not when there's tons of nurses without licensure issues and who are looking for work. It really is on a case-by-case basis, and employers can vary widely as to how they'll handle it.

So we can't give you a definite Yay or Nay. It's up to the employer.

If you're doing well at your current job, an employer may be inclined to work with you to help you stay. If your performance isn't on par...well, your going on probation may be the excuse they're looking for to show you the door. Being union may help--especially if you heed your union steward's advice--but it's no guarantee that your job will remain intact.

See if you even get probation first. If you do, then talk to your employer and see what happens.

And while I'm not accusing you of anything...I will say this: avoid getting that third DWI. If you get off the hook with the BRN this time and escape probation, you will be incredibly lucky. But they--and employers--will not look kindly upon 3 DWIs no matter how you try to explain them off.

Good luck.

Nursequestion · Jul 3, 2013

Thank you for your advise. I have always had excellent reviews at my work. It's just hard to not know what's going to happen at this point. Even though its 2 duis they are 12 years apart which doesn't make things look any better. And for what I'm already going through with the courts-this is definitely a situation that will never happen again. I was just looking to see if anyone has ever been in a similar situation. Thanks again!

Nursequestion · Jul 4, 2013

And yes the board I'd offering me probation for 3 years.

lifeinthefields · Jul 22, 2013

Hey Nursequestion, I'm sorry that this has happened . .

did your employers let you stay with them? Is probation going to affect anything . . ?

Hope you are doing well and getting through this alright! (keep your head up)

Nursequestion · Jul 28, 2013

Yes the union rep said they do work with nurses on probation. I haven't started it yet. I feel so degraded as this incident happened outside of my work place yet will be affecting my work life so much. As well as my money. Thx for the positive words :)