Should I sign a consent agreement?

[solitas]

I was fired from my first job four months into it, it was alleged I was surfing on the web, and didn't give a patient a cookie. Also because I was alleged making a bad commment (the comment was taking waaay out of context and misquoted). I wrote my statement up and got a writ of concern from the board but no action was taken.

My second job I got fired again. Why? Because it was alleged I did a few stupid things. It was alleged I said,"you're a beautiful girl but your hairstyle isn't working for you" and a conversation I alleged to have where I asked a housekeeping staff member if she had any friends I could date because I like asian women. I had an interpersonal conflict with one another staff member and she made crazy outrageous statements of me screaming, throwing meds, almost driving her over...I mean crazy crazy crazy stuff that never happened. Other staff members also made statements that they found me rude and demeaning but couldn't specify why or misquoted me.

I have recently been diagnosed with Aspbergers by my PCP. My lawyer and I have been looking under the Nurse Practice Acts and it seems their grounds for unprofessional conduct is pretty damn shaky (other doctors and nurses have appealed descisions) based on the fact the specifics of unprofessional conduct don't apply to my case (most are sexual misconduct, drugs, or crimes committed by another). They said what concerned them was a pattern of behavior.

I went to an informal conference and the board of nursing didn't even have an open mind that I could be innocent. I was considered guilty even before I walked in. I was offered a consent agreement. Some sort of professional communication class, probationary status, and I have to be monitored at my job. Unfortunately at my job I am usually the sole RN so if I have to be monitored I'll lose my job most likely, and in this economy with that black mark I'll never find another job. I'll be completely screwed from finding any work. It's a career death sentence.

If I go to the formal conference I can introduce evidence and witness. I have a lot going for me (good references, aspbergers, people who know me, mistakes on their part, and lack of specifics of what unprofessional conduct standards I allegedly violated) but I also have a large volume of complaints from CNA's that raises eye brows.

Should I sign the agreement? Can I sue the board of nursing under the American with Disabilities Act? Should I go to a Formal Hearing (which I'll get creamed since the board is already bias against me) and hope to win an appeal in front an Administrative Judge?

I'm thinking my short career in nursing is over.

[caliotter3]

What does your attorney advise? As you know, we can not offer legal advice here due to TOS.

[MrChicagoRN, RN]

Should I sign the agreement? Can I sue the board of nursing under the American with Disabilities Act? Should I go to a Formal Hearing (which I'll get creamed since the board is already bias against me) and hope to win an appeal in front an Administrative Judge?

I'm thinking my short career in nursing is over.

These are all questions with legal implications. I suggest talking to you r lawyer. Sorry, but the legal opinions you get here will be worth every penny you pay for them.