Terminated. Pursue a Lawsuit?

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So I work in an ER. I am pretty new to nursing. I was called in to HR to explain why I had overridden Benadryl multiple times and not given it. Also a handful of times I did not waste excess narcotics appropriately. I explained my thought process on having the Benadryl in case I needed it and that the issues with waste were due to no one being around to waste with. I acknowledged I was wrong and was willing to do any education/disciplinary things they wanted. This was agreed upon at the time. After having meetings canceled and no phone calls for weeks they finally called me back in. They put me on unpaid leave. Essentially said I was lying. No drug testing or talking to my direct supervisor. I have another better job so I resigned that day. 4 days later they terminated me for performance issues.

So my question is that many friends have recommended I talk to a lawyer. Should I? Or should I just let it go and move on? Please help!

Specializes in critical care, ER,ICU, CVSURG, CCU.

Yea, you might want to sue yourself, for questionable thinking, poor performance, and unprofessionable behavior....you deviated from your nurse practice act....

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Specializes in psychiatric.

I find it ridiculous to say that there is "no one around" in an ER to waste with. You definitely need to review your nurse practice act. Some things are NOT negotiable in nursing.

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And this is YOUR version of the events. It sounds bad coming from you, I would hate to hear the other side if it went to trial.

They are right - let it go. #1 - how can you work in an ER and never have anyone to waste with ? #2 I've never heard of any situation anywhere where you carry any kind of med around in your pocket "just in case" you need it. The only time I've seen a med end up in a pocket - and it was briefly until returned to med station, was if you got the med out - but the patient wasn't in their room - so you had to wait to give it or something similar - but in the ER - not usually the case.

You are NEW, so I think they are giving you a break by "performance issues" - so when employers call - that's what they will hear. Otherwise the med stuff would be really bad. Usually you are drug tested and put on diversion through BON.

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Specializes in Psych, Addictions, SOL (Student of Life).

IMHO you have dodged a bullet big time. I am not saying you were up to anything sneaky and if it was just the Benadryl I might give you a break but diversion of Benadryl in combination with irregular wastes of narcotics is a huge warning sign that someone has a problem. Please take a walk over to the Nurses in Recovery Forum and see how often IM/IV Benadryl figures into our stories. It was actually Benadryl that brought me down even though I did so much worse. I went through the program got sober and did 5 years in the California Diversion program and never looked back. I saved my family, my career and most importantly my life. Though I no longer have any desire to use drugs I have purposely gravitated to areas of nursing where I am not required to give the kind of meds I favored in my addiction. I am not saying you are an addict but I can think of no other reason to divert IV/IM Benadryl unless you were planning on taking it yourself. I have never worked in ER but I have been in several as a patient and it's seems unlikely that there wouldn't be anyone around to waste with.

So put this job behind you. Count yourself lucky for not getting referred to the BON and get help if you need it.

The scenario you describe does not warrant a lawsuit - If you work in at "At Will Employment state" you employer can release you at any time for any reason - just as you can leave a job at any time for any reason or for no reason at all.

Peace out

Hppy

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Specializes in Emergency.

There are meds that i've carried in the ed "just in case", but benadryl isn't one of them. The usual suspects are atropine & narcan. However, those are pulled under the patient's name & neither is a diversion risk.

Agree w/others op, you're very lucky the facility is letting you slide. Learn and move on.

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Specializes in School Nurse, past Med Surge.

Perhaps the recommendation of talking to a lawyer was in case you need to DEFEND yourself? I would count your blessings & let it slide.

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Specializes in Emergency & Trauma/Adult ICU.
Perhaps the recommendation of talking to a lawyer was in case you need to DEFEND yourself?

Agree. I strongly suspect the nurses familiar with the OP/OP's work were suggesting that a lawyer may be needed to help deal with further interactions with the BON.

I really suggest you examine your thought process, OP. Suing an individual or entity is one course of action when you believe you have incurred damages which can be quantified monetarily based on wrongful actions. What wrongful actions do you believe your employer has taken? And what damages do you believe you have incurred, considering that you already secured other employment prior to your termination?

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Thanks for the comments. I was not referring to suing the hospital. I was merely asking about contacting a lawyer. Don't feel I need a therapist but thanks for the suggestion. Of course I am glad to not be dealing with the BON. Just have had multiple long time nurses tell me to seek out a lawyer. Thanks for all the comments

Lol. Of course you were referring to suing. That's why your thread is titled "Terminated. Pursue a Lawsuit?" SMH...

Your colleagues were suggesting you contact a lawyer because they realize that your behavior screams diversion. Whether you did or did not, that's what a reasonable person would suspect.

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Specializes in Pediatrics, Emergency, Trauma.

I'm concerned that you pulled Benadryl "just in case" and the high probability of "not finding anyone to waste with."

Not everything is an emergency-I understand achieving pain relief in a pt, but it just seems highly unlikely that you couldn't find anyone to waste with.

I may be incorrect, but since you pulled Benadryl "multiple times" and they are questioning leads me to infer you didn't put them back.

You also state you have a "better" job; are you making sure you have wastes properly witnessed?

If this is truly a performance issue, then you need to make sure your practice is competent consistently; you MUST have witnessed wastes and my take meds that are not of necessity, or you will find yourself in front of the board, even if you are not diverting.

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Specializes in Case mgmt., rehab, (CRRN), LTC & psych.

Perhaps I am having a brunette moment this morning, but I need a question answered. Does Benadryl have the potential for abuse and I never knew about it?

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Specializes in Med/Surg, Ortho, ASC.
Perhaps I am having a brunette moment this morning, but I need a question answered. Does Benadryl have the potential for abuse and I never knew about it?

This helped me understand:

9:23 am by hppygr8ful, ADN, RN, EMT-I IMHO you have dodged a bullet big time. I am not saying you were up to anything sneaky and if it was just the Benadryl I might give you a break but diversion of Benadryl in combination with irregular wastes of narcotics is a huge warning sign that someone has a problem. Please take a walk over to the Nurses in Recovery Forum and see how often IM/IV Benadryl figures into our stories. It was actually Benadryl that brought me down even though I did so much worse. I went through the program got sober and did 5 years in the California Diversion program and never looked back. I saved my family, my career and most importantly my life. Though I no longer have any desire to use drugs I have purposely gravitated to areas of nursing where I am not required to give the kind of meds I favored in my addiction. I am not saying you are an addict but I can think of no other reason to divert IV/IM Benadryl unless you were planning on taking it yourself. I have never worked in ER but I have been in several as a patient and it's seems unlikely that there wouldn't be anyone around to waste with.

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Specializes in Emergency & Trauma/Adult ICU.
Perhaps I am having a brunette moment this morning, but I need a question answered. Does Benadryl have the potential for abuse and I never knew about it?

Yes, it does. Have seen a number of Benadryl overdoses, both intentional and unintentional.

Additionally, OP does not mention whether the Benadryl she felt compelled to carry in her pocket "just in case" was p.o. or IV. If p.o. ... I'm curious what circumstance(s) she was anticipating that would require immediate administration of p.o. Benadryl which will have an onset of action > 30 min. ?

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