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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 18130
Experience:  B.A.; M.B.A.; J.D.
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I have been a certified medication technition 14

Customer Question

I have been a certified medication technition for about 14 years now. In March of 2014 I was placed on a 3 day suspension with no pay over 2 cards of Norco that came up missing from the pharmacy while they done their investigation. On the 4th day I was told to come to the administrators office in which I was then fired for this. I did not take this medication!!! I did sign in the medication from the pharmacy and give it to the nurse and I've never denied that at all. But because the nurse said she never received the medication from me, they said I took it. I was never given a drug test to prove my innocence, and two I was never alone with that medication to take it. I do have a lawyer but feel as though she is just doing what she needs to do to get by. I've never given them any indication to think I would steal the medication, and have cooperated with everything thus far. They want to take my licence for 15 years! I even talked to a detective who said that they couldn't prosecute me because there was really no proof and because just because another person said I done it that it was pretty much hearsay. I have had one hearing already in which the judgement was against me so I have appealed again because like I told my lawyer I refuse to take the blame for something I know whole heartedly I did not do and I didn't care how much money it cost I didn't care!!! I am 41 years old with a 6 & 11 year old and am fixing to start my 5th semester of college to get into the nursing program. I've never been in trouble for anything in my entire life, not even a speeding ticket!!! Within the last year I have started at another nursing home and have been there for a year and 3 months with no problems and not a single write up. At that nursing home (the one accusing) I had only been written up one time in the two years I was there and that was for leaving medication on a residents table unattended. I am scared to death and don't know what to do or even how to begin to prove my innocence!!! If you only knew me as a person you would know that I'm very passionate about my job and the residents I take care of! I took 3 witnesses with me to my hearing to attest to my innocence and even in the discovery papers when they asked several of the residents if they ever had a problem getting their medication from me or if they ever thought I wasn't giving them their medications, they all replied that they always got their medication from me no matter what and never had a question about it. I will let you read this first before I add a few more things. I am innocent but have no clue how to prove it and don't even know where to begin to start. Since this time I have been depressed, on edge with everything because of knowing that I could lose everything from my house, my livelihood, and be $30,000 in debt and all of that schooling wasted, with one verdict, and quite honestly I'm not willing to do that!!! So any advice would be very helpful! Thank you, Monika
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
They said that I ordered the medication for a resident in which that medication had been discontinued 3 days prior. They said after I faxed the sheet to the pharmacy that day (the sheets we use has several places to put other meds that need ordered also) that I blacked out that medication and put the sheet in the pharmacy fax book. Like I told them yes I did fax that sheet but all the other orders were already on the sheet when I got there that morning and I only added one thing to the sheet that needed ordered that day and it was for a totally different resident. They said the handwriting was mine which everyone knows my handwriting because I'm very particular about my writing, and everyone I've shown it to says its not my handwriting! They said in the discovery that a handwriting expert said it was my writing but there is no paperwork or proof of that expert saying that. I know for one that the pharmacy has the original copy of the fax so it wouldn't do any good to black it out and put it in the pharmacy fax book if I had done it. There are just so many discrepancies with everything. It just boils down to the RN that day said I never gave her that medication when I gave her everything that came in. Like I said when I signed the medication in, the pharmacy driver was right there and when I turned around to go to the desk the nurse was right there so I handed everything to her, so I was never alone with that medication, not even for a second
Expert:  Phillips Esq. replied 1 year ago.
Hello Monika: This isCustomer I am a licensed Attorney and I will be assisting you today.
I have been a certified medication technition for about 14 years now. In March of 2014 I was placed on a 3 day suspension with no pay over 2 cards of Norco that came up missing from the pharmacy while they done their investigation. On the 4th day I was told to come to the administrators office in which I was then fired for this. I did not take this medication!!! I did sign in the medication from the pharmacy and give it to the nurse and I've never denied that at all. But because the nurse said she never received the medication from me, they said I took it. I was never given a drug test to prove my innocence, and two I was never alone with that medication to take it. I do have a lawyer but feel as though she is just doing what she needs to do to get by. I've never given them any indication to think I would steal the medication, and have cooperated with everything thus far. They want to take my licence for 15 years! I even talked to a detective who said that they couldn't prosecute me because there was really no proof and because just because another person said I done it that it was pretty much hearsay. I have had one hearing already in which the judgement was against me so I have appealed again because like I told my lawyer I refuse to take the blame for something I know whole heartedly I did not do and I didn't care how much money it cost I didn't care!!! I am 41 years old with a 6 & 11 year old and am fixing to start my 5th semester of college to get into the nursing program. I've never been in trouble for anything in my entire life, not even a speeding ticket!!! Within the last year I have started at another nursing home and have been there for a year and 3 months with no problems and not a single write up. At that nursing home (the one accusing) I had only been written up one time in the two years I was there and that was for leaving medication on a residents table unattended. I am scared to death and don't know what to do or even how to begin to prove my innocence!!! If you only knew me as a person you would know that I'm very passionate about my job and the residents I take care of! I took 3 witnesses with me to my hearing to attest to my innocence and even in the discovery papers when they asked several of the residents if they ever had a problem getting their medication from me or if they ever thought I wasn't giving them their medications, they all replied that they always got their medication from me no matter what and never had a question about it. I will let you read this first before I add a few more things. I am innocent but have no clue how to prove it and don't even know where to begin to start. Since this time I have been depressed, on edge with everything because of knowing that I could lose everything from my house, my livelihood, and be $30,000 in debt and all of that schooling wasted, with one verdict, and quite honestly I'm not willing to do that!!! So any advice would be very helpful! Thank you, Monika
They said that I ordered the medication for a resident in which that medication had been discontinued 3 days prior. They said after I faxed the sheet to the pharmacy that day (the sheets we use has several places to put other meds that need ordered also) that I blacked out that medication and put the sheet in the pharmacy fax book. Like I told them yes I did fax that sheet but all the other orders were already on the sheet when I got there that morning and I only added one thing to the sheet that needed ordered that day and it was for a totally different resident. They said the handwriting was mine which everyone knows my handwriting because I'm very particular about my writing, and everyone I've shown it to says its not my handwriting! They said in the discovery that a handwriting expert said it was my writing but there is no paperwork or proof of that expert saying that. I know for one that the pharmacy has the original copy of the fax so it wouldn't do any good to black it out and put it in the pharmacy fax book if I had done it. There are just so many discrepancies with everything. It just boils down to the RN that day said I never gave her that medication when I gave her everything that came in. Like I said when I signed the medication in, the pharmacy driver was right there and when I turned around to go to the desk the nurse was right there so I handed everything to her, so I was never alone with that medication, not even for a second

Response: I am sorry to read about your difficulties. It appears that you are doing everything that you should be doing in this case. However, I would make one suggestion since this case now boils down to what one nurse said. You should get your Attorney to investigate the background of the nurse to see if she had made false accusations against other co-workers in the past to get them in trouble for one reason or another. If this is the case, the nurse should be deposed to catch in lies that can then be used to exonerate you.

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