Nurse asked to testify for terminated employee

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I am a registered nurse working in urgent care. Recently a non-nurse co worker was fired because she made a complaint to the management that they had hired a nurse with an expired license.

According to the non-nurse co-worker, the manager knew she was having problems getting her license renewed but let her work anyway. The nurse never told the BON that she had changed residency because she was waiting for several felony convictions to be erased from her license The nurse worked under the compact state license and had moved from one compact state to another.

The nurse said she lived and worked in compact state "A" where her license was valid. She moved to state "B" to work while her license in state "A" was still valid. She gave a post office box as her address in state "A" because she felt if she tried to apply for a permanent license in state "B" it would be denied due to felonies. Her employer in state "B" reported that she did not notify state "B" of her change of residence from "A" to "B".

She was forced to get a temp license from state "B". She left that job just before her temp license was to expire. She came to work in state "A", with a temp license from state "B"

She was hired Jan 3 and her Temp license was due to expire Jan 5. Her first day of work was jan 4th. It did not get resolved until jan 22. She worked the entire time on an expired license, gave injecions, narcs, signed her name as a nurse with initials behind it, ect.

She used the excuse that she was having trouble getting in touch with the BON and that they've had her application for several months. They she said she let the temp expire because she was waiting for her felonies to be erased from her record. She said all this in front of our manager but not me. The only thing I witnessed was the non-nurse co-worker complaining to our manager about her.

The non-nurse co-worker hired a lawyer and her case hinges on me coming forward that I witnessed her complaint about the unlicensed nurse to the manger. I did show the non-nurse co-worker how to verify a license on-line and we checked several times during the course of the nurses's employment. I was also there when she made the complaint.

I am afraid to come forward because I know I will be fired if I get involved. My manager told me that in a round about way.

The non-nurse co-worker says the law in our state protects me from harrasment and termination but I really need my job. I am concerned if I don't come forward her Lawyer will subponea me anyway. Would it be better to come forward on my own?

I know the non nurse co-worker reported this to the state BON and listed me as a witness. Is my license in jepordy because I didn't report this myself? What do I have to tell them?

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Specializes in Trauma Surgery, Nursing Management.

Oh wow. This is quite the dilemma. We can't give legal advice on this forum, however. I hope you are able to weather the storm and keep your job.

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Get the person's defense team to subpoena you that way you can't not go. Then of course under oath you'll be expected to tell the truth, the whole truth, and nothing but the truth so help you God.

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Specializes in ICU of all kinds, CVICU, Cath Lab, ER..

Best advice: SEE A LAWYER; one who specializes in employment law. Good luck.

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Wow, lots here. I would say that you should consult a lawyer specializing in nursing before I do a thing. Seems like, if you make one move without understanding the ramifications, it might just cannonball. What to do now would be to write up a documentation of dates, people, times, events, he saids and she saids, very detailed. It will also help you to keep what happened straight in your own head.

Much of what you ask requires legal advice, and you do know that the Allnurses admin. will shut down this thread if someone attempts this type of advice in a more detailed way.

Good luck, and get some legal support before you make any comments or actions.

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thanks!

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i guess i was just looking for people's opinion from a moral stand. I don't want to put any poster in the position to give me legal advise and I am sorry it came out that way. I really feel bad for the girl who got fired and I know management is covering. I just really need my paycheck.

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I am praying for you. What kind of RN has a bevy of felonies anyway? Do nothing as the other poster has said......and just wait until you are sworn to the truth. You have no obligation to this other so- called RN anyway. This is a noble profession. Heck.....one can be outsted by any nursing board for anything slightly immoral....oh yuck. I am so sorry when trash like this rears its ugly head in our profession. I am going through something right now which involves nothing like felonies.....and still would not dream of asking another RN to risk her job by testifying for me........ Love and blessings........

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Specializes in Trauma Surgery, Nursing Management.

I like ImThatGuy's response. That should cover you.

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Specializes in Vents, Telemetry, Home Care, Home infusion.

It is the EMPLOYERS responsibility to hire and fire employees which includes verification of licensure, usually performed by HR dept. Manager is responsible for verifying with HR that employee OK to hire as meeting facility hiring requirements. Some facilities then transfer responsibility to Manager to maintain staff list and maintain credentialing spreed sheet. Since your co-worker reported situation in your presence to Manager, should relieve you of any responsibility with BON.

I've closed the thread as any legal advice should be obtained from your malpractice carrier or from lawyer with experience malpractice/dealing with BON to protect your rights. I would not discuss issue with anyone until subpoenaed by court....which may take months to year or more.

If they manager was truely aware of nurse with expiring license upon hiring, is put them on inactive status day after license expired until valid license is brought in and BON contacted for proof validity. Once this all comes to light with BON, don't be a bit surprised to see her with repremand or even revoked license from 2 states due to knowingly trying to deceive BON -might take few months to year to occur.

NOT someone I would want on my staff,

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