Published Jan 24, 2011
Rocknroll13
2 Posts
Any legal advice/legality knowledge is welcome. In Aug '10 I passed NCLEX and got my license to practice in a certain state. I moved right after completion to another state and sent off to their BON to transfer my license. I got a job in this new state I moved too, and this facility knew of the situation and said they would watch their online BON for my new license #/approved transfer. I worked in this state for 6 months to date. Apparently my application to transfer was incomplete because I failed to submit a background check reciept. Basicly I worked in this state for 6 months unlicensed to their state. I still hold my original licensing states' license to practice. So, Friday the HR gal tells me I am terminated because I do not hold a license in their state. Today, Monday I went to send a certified/overnight letter to BON with the documents required for completion to transfer. I should have my transfered license by the end of the week. Is it legal for them to fire me and turn me into the BON in their state? After 6 months of working in their state they decide to check license #'s on term me? Do they not have a certain amount of time to give me to complete the transfer? Whats legal here? I feel like I'm being pushed off so this facility doesn't get into hot water. I want my job & want to get legal so I can stay at my job; however this isn't really a option I've been given. So legally what are my options?
klone, MSN, RN
14,856 Posts
Why did you not follow up with the state BON after, say, a month with no license in hand?
Sounds like you dropped the ball. There's no good reason why you didn't contact the BON several months ago.
Why did you not follow up with the state BON after, say, a month with no license in hand? Sounds like you dropped the ball. There's no good reason why you didn't contact the BON several months ago.
Thanks, but that doesn't answer my question. I am brand new, I honestly had no idea if my dual licensure was held with my current license. Call me any name you want, state any negative things you want, fact is: I assumed BON sent something or updated my facility. Im new, Im stupid to legalities. Im a good nurse but the legal/BON aspect I am obviously clueless about.
Leelee2
344 Posts
I would contact an attorney in your current state. I can't understand how they hired you without checking the validity of your nursing license.
evolvingrn, BSN, RN
1,035 Posts
Yes....and op made a valid statement.although hr dropped the ball to. Hope you can work it out and find something else.
lifelearningrn, BSN, RN
2,622 Posts
Yes they can fire you... you've been working w/o a valid license. It's your responsibility to make sure your application was complete and approved!
sugirl09
21 Posts
I believe you could be liable for practicing without a license in that state.
emtb2rn, BSN, RN, EMT-B
2,942 Posts
You need to contact a lawyer. Any advice solicted on allnurses will be worth exactly whatyou paid for it.
missladyrn
230 Posts
Yes I think it is legal for them to fire you. You worked unlicensed for 6 months and that can get them into BIG legal trouble.
You can ask to be reinstated, but I would do that until after you have proof that the license is already cleared. I am sort of shocked that neither you nor the hospital caught this sooner.
elkpark
14,633 Posts
They are certainly allowed to fire you, and you'll be lucky if you don't end up in legal trouble for practicing without a license. I agree you should be discussing this with a lawyer, not on a public internet discussion board.
Silverdragon102, BSN
1 Article; 39,477 Posts
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