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!

why would you draw benadryl for no reason?

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Specializes in Reproductive & Public Health.
s benadryl so critical and frequently used that it makes sense to keep a vial in your pocket "just in case?"?

I had only 10 years of ED but in my experience, no.

Haha, well I appreciate your input, despite your limited experience ;)

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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

Do not discuss your troubles with coworkers. They are not your friends, even if they seem like it. That is, perhaps they mean you no harm, but even the kindest of them are prone to gossiping, however unintentionally. Others are just happy to have something new to talk about.

What do your former coworkers suggest the lawyer do for you?

Did your manager talk to you? Or was it only HR? Seems so weird. Maybe not.

Leave this debacle behind you, go forward in your profession, always follow Policy.

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Do not discuss your troubles with coworkers. They are not your friends, even if they seem like it. That is, perhaps they mean you no harm, but even the kindest of them are prone to gossiping, however unintentionally. Others are just happy to have something new to talk about.

What do your former coworkers suggest the lawyer do for you?

Did your manager talk to you? Or was it only HR? Seems so weird. Maybe not.

Leave this debacle behind you, go forward in your profession, always follow Policy.

Good advice.

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Specializes in Cardio-Pulmonary; Med-Surg; Private Duty.
Benadryl is my go to. And it doesn't make me sleepy like most people.

It's truly madness. People will find absolutely anything to abuse. Anything. Plus it's cheap!! Lol. Claritin and Zyrtec are so dang expensive.

I get more than a year's worth (400 each) of generic Claritin and Zyrtec at Sam's Club for $26.92 and $16.48, respectively. Shop around!

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Specializes in Psych, Corrections, Med-Surg, Ambulatory.
Aside from the improper waste, "having benadryl in case I needed it" is stealing facility medications. That may not have been your intent, but it is how management could perceive it.

I have known colleagues to be disciplined for taking one tylenol because they had a headache and needed to continue working their shift.

Now that IS harsh. I always figured if I had to donate my breaks anyway, they should not begrudge me a damn Motrin so I could at least think straight.

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Specializes in Psych, Corrections, Med-Surg, Ambulatory.
As with other things, I don't believe it is kosher to document waste in anticipation of doing it in the future. I don't document waste unless it's being wasted (or has already been) at the time of documentation. I also don't like drawing up meds away from the bedside beforehand for a witness. My first hospital job trained me that you prepare meds for administration within view of the pt who will be getting it. That also reduces the risk of med error due to unmarked syringes of medication.

My current job has these terrible vial-access not-quite-needle things that leave a spike in the vial, so I worry the med is going to seep out in my pocket. It's done ok so far, though.

Spike in the vial? I thought everyone's Infection Control Department got rid of those.

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You HAVE to waste controlled substances with someone, period. You are lucky they are just letting you go. If it means going up to someone, getting in their business and saying "Im wasting this, I need a witness" so be it. You have no grounds to sue...learn the lessons and good luck to you.

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This is something I have witnessed among new nurses as of late. They make a serious error and do not take responsibility for it. They say 'I'll do the education and disciplinary actions'without a second thought to the seriousness of their actions. Now to save myself heartache it is not ALL new nurses so don't start. 😄 However in our profession we must be precise in everything we do as we are the ones who are first to sit on the witness stand ALONE. Its true you may need some education but let this lesson be the first of many you take to heart and never forget. Please be mindful of your procedures and you will have a long career. Also maybe you wont want to start in ED nursing right off the bat. Those nurses are very experienced and can pull a benadryl with their eyes closed. They don't pull it to hold on to it, ever. If you talk to a lawyer you may just find yourself some heartache.

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Specializes in Telemetry.
Now that IS harsh. I always figured if I had to donate my breaks anyway, they should not begrudge me a damn Motrin so I could at least think straight.

We were able to go to pharmacy and request something for headache/diarrhea/heartburn OTC with no problems.

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Specializes in LTC.
Am I the only one that is only more than slightly suspicious about pocketing benadryl and not wasting narcs?!?

Yeah, nope you aren't. I grew up with an addict, who now has a lot of clean time. Addicts call Benadryl a "kicker". It kicks their high up a notch and stops all the pesky itching. We had enough Benadryl in my house growing up, it looked like we were preparing for the allergy apocalypse. An allergy apocalypse that apparently was also going to need to be heavily pain medicated, specifically with Percocet. My first thought was suuuurrrrreeee you weren't diverting. Totally. Oh, and you are unwilling to accept real responsibility? That's not addict behavior in the slightest.

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I used to keep Benadryl in my locker so I could take one on the way home if I knew I'd be too wound up to sleep that night without help. I'm very glad I don't do that anymore lest someone who knew more about drugs than I think I was being suspicious. :eek:

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