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Discussion in 'Termination: Firing & Resignation' started by Rnnj2016, Apr 20, 2016.

  1. Rnnj2016

    Rnnj2016 Law Topic Starter Guest

    New Jersey
    Hello, I was terminated by my employer today. January 16th, 2016 while taking the medication accutane I purchased heroin off of the Internet and accidentally overdosed. This was the first and only time I did this, and I am amounting it to one of the many bizzare behaviors I experienced while taking the mediation. My wife found my laying the the bathroom, started cpr, called 911 and the paramedics arrived. The paramedics who are employed by the same hospital system I was employed at administered narcan. Fast forward to April 13th, I was called into human resources. They questioned me about an "annoymous tip", stating they were told that I had an overdose of an illicit substance and wanted to know if this was true. I told them yes. They then proceeded to pull out all my narcotics draws saying that the amount used and wasted was large. I asked if I broke any policies and they stayed no. They believe I was diverting morphine, I did not ever take morphone for my own personal use. They asked me to submit to a drug screen and I did bc I believed it would be negative. Along with the urine drug screen they also did a hair follicle test. The urine drug screen came back negative, but the hair follicle test came back positive--due to the January incident. They called me in today and terminated me due to "working while impaired, diversion of narcotics, and lieing during an investigation". I never ever ever have stolen narcotics. I was also never questioned about working while impaired. I also believe that the information they obtained was from the paramedics who I believed violated my Hippa rights. I do not want me job back however I believe this investigation was done simply bc of the "annoymous tip". I have never been disciplined in the 11 years I worked at the facility and was never spoken to about my narcotic usage in the past. What can I do from here?
  2. d1amund

    d1amund Member

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    File for Unemployment Insurance and begin searching for a new job. Best of luck to you.
  3. adjusterjack

    adjusterjack Super Moderator

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    Agree. There's no HIPAA (not Hippa) violation and no wrongful termination.
  4. army judge

    army judge Super Moderator

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    In your effort to _______FILL IN THE BLANK_______ by answering "yes", you sealed your own fate.

    Realistically, using illicit drugs sealed it before that.

    You need help, mate.

    Unless you self report to your state's licensing agency, your future could be difficult.

    You need to enroll immediately into an inpatient drug rehabilitation program.

    There's a progression with drug abuse and addiction mate.
    There's also a pattern.

    Beyond the licensing issues, you'll soon be visited by federal agents of the DEA.

    Those who hold licenses to dispense controlled substances don't take kindly to others whose actions jeopardize their licenses.

    Neither does the DEA.

    I've represented people who found themselves in positions similar to yours.

    In addition to the struggle to eradicate the stain of their addictions, they had to fight for their freedom and the stain of federal, felony conviction.

    I suggest you prepare for that knock on your door and a visit by a couple US Deputy Marshals.

    In furtherance of your life tomorrow, I suggest you consult a couple of criminal defense lawyers who ply their craft in federal court.

    Good luck.
  5. ElleMD

    ElleMD Well-Known Member

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    You overdosed on an illegal substance, and wasted/overused legal substances you have access to at work. You presumably still have access to drugs at work. This seriously does not strike you as concerning? Let me assure you that it is. That you do not agree is even more concerning. It would be irresponsible and potentially negligent for your employer to keep you on staff.
  6. Betty3

    Betty3 Super Moderator

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    There is no wrongful termination here. No law was broken by the employer. You can file for unemployment ins. The state will decide if you qualify. You can also look for other employment.

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