What can a good lawyer do in these cases?

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I was informed by my previous employer that they are reporting me to the board for suspected drug abuse. I was told that they would not do a drug screen because the allegations alone were enough to prompt reporting. This was a little over 2 months ago but I haven’t heard from the board. 

I read conflicting messages about whether it is worthwhile to get a lawyer. The board of nursing can do as they please so I wasn’t sure what the purpose was of trying to fight. I reached out to some nurse lawyers but wanted to get some general feedback. 

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To be clear, the allegations were made by another nurse. I have no history of drug abuse or any discrepancies/diversion at work. I felt defeated because the program is also for mental health, which makes me think they might put in monitoring because of my history of depression. 

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I don't know what you mean when you say you "reached  out to some nurse lawyers." If this wasn't a formal consult, you might consider doing so; particularly if you did not do what you have been accused of.

It it were me, I would not appear before the BON without having first consulted with a lawyer.  

Best wishes.

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Specializes in ICU, ER, Med/Surg, Home Health, Hospice,Step Down,.

Please do not talk to anyone, especially from the board of nursing without a attorney present. I have heard of the board taking longer then a year to notify nurses of complaints. My advice is to get a attorney now. They will deal with everything with the board. Also, get a hair test immediately. These go back 3 months. Please keep us updated. 

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20 hours ago, Totheendandback said:

Please do not talk to anyone, especially from the board of nursing without an attorney present. I have heard of the board taking longer then a year to notify nurses of complaints. My advice is to get an attorney now. They will deal with everything with the board. Also, get a hair test immediately. These go back 3 months. Please keep us updated. 

I assumed it would be sooner because we have alternative to discipline program. Why do you recommend a drug test? I’m just curious 

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Specializes in ICU, ER, Med/Surg, Home Health, Hospice,Step Down,.

A drug test will prove that you haven't taken any drugs. I would get a hair and urine. If you are notified by the board, the drug tests will help to clear your name. This was the first thing my attorney told me to do. I did not have to talk to the board or any investigators, my attorney did all of this. Once the board knows you have a attorney they will contact them, at least in my situation. This is only my advice, please seek a attorney knowledgeable in dealing with the board.  The board is NOT on your side and how they treat nurses is AWFUL. The only person who will have your back in this situation is your attorney.  Please know you are not alone. This is a very scary situation to be in and this site offers great support and advice. I am very sorry you are going through this. 

 

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Specializes in Psychiatry, Community, Nurse Manager, hospice.

Definitely consult with a lawyer about what to do. I was threatened with the BON by an employer when I quit. I consulted a lawyer about that and many other issues, and was told not to worry about it, that it was baseless. The consultation was free.

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Specializes in Geriatrics, Management, Administration, Leadership.

I just wanted to share the following link with you. I feel it might address some of your questions. As a side note, most attorneys do offer a free initial consultation.  

What Happens When a Nurse Is Reported to the Board? | Nursing Board (chellelaw.com)

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On 12/27/2022 at 7:34 PM, Totheendandback said:

A drug test will prove that you haven't taken any drugs. I would get a hair and urine. If you are notified by the board, the drug tests will help to clear your name. This was the first thing my attorney told me to do. I did not have to talk to the board or any investigators, my attorney did all of this. Once the board knows you have a attorney they will contact them, at least in my situation. This is only my advice, please seek a attorney knowledgeable in dealing with the board.  The board is NOT on your side and how they treat nurses is AWFUL. The only person who will have your back in this situation is your attorney.  Please know you are not alone. This is a very scary situation to be in and this site offers great support and advice. I am very sorry you are going through this. 

 

That makes perfect sense. From what I saw, it’s $900+ for a hair test in my area. I am hesitant to spend so much considering how I’m trying to save up for my inevitable unemployment. Especially since 2 months out but perhaps it will show I don’t use drugs recreationally either (I have “track marks” but they are old and resulted from self harm and that was enough to determine I use drugs apparently). I’m in n*w j**s*** and thought it would be inevitable that I end up in monitoring. I feel like if I get the evaluation at least I should be able to demonstrate how I don’t have an addiction. Is it 90 days followed by recommended sentencing?

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Let’s put it this way - when I was a lawyer and was notified of a complaint to the bar that I knew with certainty to be frivolous, the first thing I did was … hire a lawyer. $900 isn’t much if it preserves your livelihood.  And yes, absolutely do not talk to anyone without a lawyer.  If you haven’t been told of a complaint, you might just want a consult to get a lawyer familiar with your situation and settle your nerves (the best advice my lawyer gave me: resist the urge to “do something”, because you’ll probably make it worse).  A lawyer will help you understand, as I always helped my clients understand, the art of responding honestly and candidly to questions without offering additional information that could prompt further action (if it’s like the bar, you do have to cooperate; there’s no right to remain silent, but there’s also no obligation to confess every bad thing you’ve ever done that they aren’t investigating).  Explain up front that you’re worried about costs, and come to an understanding with your lawyer about how to use their time (your money) efficiently.  A consult alone shouldn’t be very expensive - mine were usually free advice with a “call me when you actually get contacted and we’ll worry then, otherwise keep living life.”  Good luck - my hunch is that you’ll be fine if you resist the urge to go it alone.

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Specializes in OPO/ED.

Most people will say a lawyer won't do much or anything at all. However I had a very expensive, well known lawyer on my case. I took some expired RXs. Everyone in my group has a contract of 5+ years, had to do IOP or IP etc. My contract is 2 years and I did 0 IOP/IP. Did I get lucky? Not sure, maybe? I don't have an addiction so that obviously could have played a factor but it is interesting. 

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Specializes in ER, ICU/CCU, Open Heart OR Recovery, Etc.

Do get a lawyer that specializes in Board of Nursing matters. Do NOT talk to anyone, Board of Nursing, etc without your lawyer present. Get the hair and urine testing done, that may hold you in good stead if the employer did decide to report you, especially since they elected to not get a drug test. 

This is not a done deal. Find a lawyer. Easier to fight it now than to not fight it and decide later to. 

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