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Wrongfully accussed of diverting drugs....set up

Discussion in 'Termination: Firing & Resignation' started by Dxn49750, Aug 16, 2017.

  1. Dxn49750

    Dxn49750 Law Topic Starter New Member

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    I was suspended pending an investigation for Ketamine (a date rape drug used in ER as anesthetic.) The hospital claimed it was removed under my log in. Problem is I really did not do it. This followed my reporting egregious malpractice on an ongoing bases by a Physcian abusing anabolic steroids. I also reported several nurses useing marijuana and amphetamines. HR had received several reports from other nurses regarding both and refused to act. I then went reported to Cooperate. The shift the Ketamine went missing no one spoke to me or informed me. No Supervisor or security was called. The Charge Nurse who apparently discovered the diversion, along with a friend nurse of his, took possession of the empty bottle. He then called in another friend charge nurse but still failed to call the House Supervisor or Security. He let me go home an hour early still asking me nothing. I returned for my following shift and still no one spoke to me. On my day off I was called in to HR and suspended. I asked for the police and DEA to be called and my urine to be sent for Ketamine. I was refused. After 6 weeks the so called investigation was still not complete. I eventually resigned because I had to earn a living. I believe the other nurse in the medication room when I was in there and who remained after I exited may have gone in under my log in if I accidentally left it open. This is my error if it happened and I would accept responsibility. I did a polygraph showing no deception and completely truthful responses. When I told them I needed this to be resolved and wanted to report to the DEA they reported me to the Board of Nurses. I do have an attorney but am just looking for others perspective. I know I was set up. Hate conspiracy theories but I know I did not do it so what other explanation could there be? They focused solely on me. Never interviewed or held to same standard other nurse who had opportunity and the time to commit act. They sent Board other false allegations that they knew where instances of meds charted in inpatient MAR for pts being held in ER. These have been proven to be false allegations. The hospital deliberately mislead the Board. What are your thoughts?
     
  2. ElleMD

    ElleMD Well-Known Member

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    It isn't illegal to fire you for either leaving your login up so others could misappropriate drugs, or because they have reason to believe you did yourself. A drug test is meaningless as you might not have been the one consuming them even if you did take them. Your employer is not a court of law and does not have to prove you did do it in order to legally fire you. There is no time frame during which they must act. In any event, a few days is not an unreasonable amount of time to suspend you. I'm not sure why you wanted to call the DEA but that is not your decision to make and there is no obligation for your employer to do so. I'm not familiar with TX regulations but I would be surprised if your employer were not obligated to report this to the nursing board; they would in other states.
     
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  3. army judge

    army judge Super Moderator

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    If you are a physician (or any other medical practitioner, or even a CNA) and wish to protect your rights you should immediately use your right to remain silent, as well as your right to hire an attorney to protect your rights and pursue the restoration of your reputation.
     
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  4. Dxn49750

    Dxn49750 Law Topic Starter New Member

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    Because law mandates the hospital report within 24 hours to the Diversion division of the DEA. Agreed drug test is meaningless, but a polygraph is not. Current evidenced based literature well supports the accuracy of polygraphs where ther is NO deception.
    If there is the potential the Hospital set me up or another diverted the Ketamine is it not the moral and maybe even legal thing to do, to attempt to determine who did this? If the hospital is being malicious with intent to harm me and my ability to make a living is that just too bad? Or is it an act of civil concern regarding causing injury to another? I would at least think if the potential exists someone else is out there in possession of a drug that is used to incapacitate others in order to commit a felony against them....that would be something of enormous concern and hospital would have duty to further investigate. Deliberately misleading the Board I would also think should cause pause.
     
  5. ElleMD

    ElleMD Well-Known Member

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    It is of concern to the hospital; hence they suspended you. The hospital is not the DEA or FBI, or police department. They can only do so much as far as tracking down the missing drugs. Even law enforcement only has so much they can do to track down any stolen item and or thief. Polygraphs only legally have any relevance in a court of law, and even then it is debatable and of limited value. False positives and negatives have happened. Legally, unless you had a contract of some kind, your employer could fire you without doing any investigation at all. There is no law that requires your employer prove anything. Clearly decent employers don't just go around firing those accused willy nilly, and in fact, your employer didn't fire you either. Even courts get it wrong at times; your employer has even less legal burden and fewer tools than law enforcement to guarantee they are correct.

    Your employer *could* have set you up but there is absolutely no reason for them to do so since they didn't need proof of wrongdoing to fire you legally.

    21 C.F.R. § 1301.76 requires that "significant losses" be reported within 24 hours, but it is unclear whether the amount missing in your case is "significant" or not. Your employer undoubtedly knows whether they must report this or not, and it is unlikely that HR is the one charged with making the report.
     
  6. army judge

    army judge Super Moderator

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    No court in this nation recognizes any polygraph result.

    The police and prosecutors use a polygraph as one of their many investigative tools/techniques.
     
  7. Dxn49750

    Dxn49750 Law Topic Starter New Member

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  8. Dxn49750

    Dxn49750 Law Topic Starter New Member

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    In correct. Texas as many states accept polygraph. In Texas it's up to the Judge
     
  9. cbg

    cbg Super Moderator

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    In an employment setting Federal law limits the circumstances under which a polygraph can be used. Even Texas still has to follow Federal law.
     
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  10. Dxn49750

    Dxn49750 Law Topic Starter New Member

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    Most true...but the concern would probably be more likely the weight of such in a Board hearing. Or admissibility in a disparagment civil case.
     
  11. army judge

    army judge Super Moderator

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    WOW, as a Senior Judge (meaning retired district court) in Texas, silly me, I never knew that.

    I'm going to call the local DA and demand that I be indicted for my crimes of misfeasance and malfeasance in office.

    I'll take this as my proof of my many felonious activities.

    Thank God you brought this to my attention, dozens of wrongly convicted felons will be released from their TDCJ illegal confinement.

    I am a horrible, evil, vile person.

    I hope I get life for my many felonies.

    I have ruined so many innocent felons.

    Admissability of Polygraph Tests in Court | LegalMatch Law Library

    Why Polygraph Tests Are Not Admissible in Court | Dallas Criminal Defense Attorneys |State & Federal Lawyers

    The Admissibility into Evidence of Polygraph Test Results
     
  12. cbg

    cbg Super Moderator

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    You are missing the point, which is that in employment law, with VERY limited exceptions, Federal law, which Texas must follow, would prohibit a polygraph being given at all.
     

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