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LawHelpNow
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I was accused directly at work of being drunk. I am a registered

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I was accused directly at work of being drunk. I am a registered nurse who works in surgery. The nurse who made this allegation only saw me 5 min. in the locker room while I was Brushing my teeth. I spoke to her about a trauma we had the night before with a mouth full of toothpaste. This particular nurse has a pattern of writing people up and has gotten people fired for such things as sexual harrassment. I had stayed the night in the on call room so I was there the entire night. She told the charge nurse that I was slurring my words and not acting myself. I had only gotten 3 hours of sleep. all of my other coworkers whom I had breakfast with noted nothing different or wrong with me. She called the director and the manager. She told the charge nurse I was in the bathroom brushing my teeth repeatedly to get the smell of alcohol off my breath. Yhis was a complete lie. I only brushed my teeth once. and was in there and never closer to her than 6 feet away. She also told the charge nurse she had been around many drunk people and was absolutely positive I was drunk. A nursing house supervisor appeared and I was told That I had been accused of being intoxicated based on what Tanika Fisher said. I had to breath into the face of this supervisor to see if she could smell alcohol. She did not. she also state she did not see any signs of impairment but protocol states I had to be taken to the ER for further evaluation. At this point I was seen by a second nursing supervisor and an ER doctor. All sorts of sobriety tests were conducted along with my blood being drawn. All tests were negative and after sitting there for one hour waiting on blood test, I was cleared to go back to work. Needless to say this was the most humiliating, degrading, reputation damage as a professional you could ever imagine. This nurse broke several policies by confronting me personally and stating I was drunk. I believe this nurse has a mental illness and enjoys ruining other peoples lives. I have a heart condition and just got over a major illness. The stress of this situation caused me great anguish and suffering even though I was cleared. I feel like this was definitely slander, defamation of Character, reputation damaging etc.. The Hospital has a policy that states you can report anyone without fear of retaliation but it must be in good faith. I believe this was a direct attack on me. Do I have a case to sue her?
Submitted: 1 year ago.
Category: Legal
Expert:  LawHelpNow replied 1 year ago.

LawHelpNow :

Hello,

LawHelpNow :

What is the date this took place, please?

LawHelpNow :

Thanks!

LawHelpNow :

Ben, J.D., R.N.

Expert:  LawHelpNow replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

Where is my answer? Its not here on my email

Expert:  LawHelpNow replied 1 year ago.
Hello,
Your answer will be posted within 10 minutes.
In the meantime, many thanks for your patience!
Regards,
Ben, J.D., R.N.
Expert:  LawHelpNow replied 1 year ago.
Hello again Leslie,
My name is Ben. I'm a licensed attorney. Glad to try and help out.
Sure sorry for the circumstances, truly. My heart goes out to you.
Accordingly, I'm pleased to say the law is on your side, as follows.
Disparaging one's name, especially in the context of employment with the spreading around of scandalous accusations resulting in economic loss, is a rather classic description of the tort of defamation of character. Furthermore, your mention of such conduct coupled with your physical difficulties raise a serious issue of another tort called intentional infliction of emotional distress, which also carries monetary damages.
However, the flip side to all of this is that these rights are not afforded automatically, meaning you would have to take action to clear up your good name. You certainly have more than enough good reason to take action here based on your description. More specifically, there are serious issues of potential liability here in the nature of tort law claims such as I've outlined. That's the basic governing law, but I realize you're also seeking a practical solution for your dilemma.
So, along those lines, lies the matter of considering litigation, as follows.
Having carefully considered everything you're shared here, and in particular considering the amount of money at issue in terms of both present but even more importantly future losses in terms of earning capacity, here is what I would recommend. There are some instances where going forward without legal counsel is a viable option. This is not one of them, however, and in all candor communication from a pro se party will receive barely more than a passing glance, to be brutally honest. I would have the case screened on the merits by a plaintiffs' trial attorney. This can only be done through having a lawyer review the circumstances. Your next step at this juncture is to confer with legal counsel, but the good news is that process is entirely free of charge to you.
I can only imagine what a stressful and trying time this is for you, so please believe me I mean it when I say I am glad to say there is a way to seek justice without having the burden of trying to pay attorneys' fees . To help folks in this online venue, I am required to follow site rules including refraining from accepting cases and/or making direct referrals to named attorneys. However, I can tell you where I would turn were I in your very shoes. Toward that end, my very next step would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in your jurisdiction (please just click the following link):
Indiana
If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.
I truly hope all works out for you.
Take care,
Ben, J.D., R.N.
Customer: replied 1 year ago.

Im not quite sure what you mean. I wasnt fired so I havent lost my wages but my reputation has been damaged number one, im sure in the back of my managers and directors minds they probably think differently of me. She did lie so that is Slander. She needs to be stopped. Should I hire an attorney. The Civil Trial Advocates that you are talking about are free? Will they do anything to her?

Expert:  LawHelpNow replied 1 year ago.

Hi there Leslie,

Nice to hear from you and thanks for writing back.

I apologize for any failing on my part to explain and will try to do a better job here.

In your post, you asked: "Do I have a case to sue her?". I was just trying to outline the way to do so. In other words, just for an analogy, say a patient asks you, "Do I have a fever?". Well, rather than "yes" or "no", the only prudent answer is, "I'll check your temperature and find out". Likewise, here, the only way to ascertain the merits of your case is to have a free screening. It's entirely up to you, of course, but there's no governmental authority or office that will do the job for you, meaning you have to act by seeking legal counsel. And, in speaking of wages, when I had meant was future opportunities. Meaning, say word gets around that you were "drunk on duty". That would be just fatal to future job opportunities, especially for a nurse, and I know from personal experience how hard you've undoubtedly worked to achieve your education and professional stature.

So, the botXXXXX XXXXXne is yes, you should absolutely explore your litigation options with a trial lawyer, at least in my estimation. Whether you choose to act or now, however, I am just so sorry you're even faced with this mess in the first place. You do deserve to be treat appropriately.

Hope that makes sense and that you ultimately see justice accomplished!

Kind regards,


Ben, J.D., R.N.

Customer: replied 1 year ago.

One last question. What did you mean by confering with legal counsel completely free of chargeAnd will the non profit american Bar association refer the best lawyer to me for this case. I have dealt with lawyers in the past who really didnt help me at all and were very slow. I am referring to my divorce. I just want someone good. This is very important to me.

Expert:  LawHelpNow replied 1 year ago.

Hi again Leslie,

Sure, logical question. Think perhaps of facing the prospect of having to undergo a serious operation. I would want a board certified surgeon in the appropriate specialty if at all possible. That's all I was trying to accomplish with providing the link:

Indiana

The list you find when you click that link represents a short database out of many thousands of attorneys. In other words, I was hoping to save you a bunch of time and potentially heartache and frustration by searching through telephone listings and so forth. Just like the American Medical Association is a trusted entity, the American Bar Association is held in esteem by the legal community. So, if I were in your shoes, this is where I would turn (the link I provided) to seek help.

I'm signing off for the night, but I want you to know it's truly been a pleasure interacting with you and I'll hold a good thought for everything to go just as smoothly as possible.

Hang in there,

Ben, J.D., R.N.

 

LawHelpNow, Attorney/Lawyer
Category: Legal
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and other Legal Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Leslie,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D., R.N.

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