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PhillipsEsq, Attorney-at-Law
Category: Criminal Law
Satisfied Customers: 19107
Experience:  B.A.; M.B.A.; J.D.
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I am a RN who was terminated exactly one year ago today for

Customer Question

I am a RN who was terminated exactly one year ago today for drug diversion. At the end of my shift, I was brought down to risk management and seated at a table with two department managers, the pharmacy director, and a risk manager. I admitted that I had a problem. I was told by the risk manager that if i agreed to a urine and blood test, wrote down what I did and reported to Intervention Project for Nurses, they wouldn't press charges or file a complaint with the DOH. I agreed and wrote a brief summary of what I did and then went with the house supervisor to do my drug test. Upon returning to the room, there were two detectives there and I was arrested and charged with a 3rd degree felony. The day after I got out of jail I reported to IPN (Intervention Project for Nurses). I was offered a deferment agreement for my criminal charge and have completed that so my charge has been dropped and I have filed my expungement paperwork. I have completed my drug treatment and am under a monitoring contract for 5 years with IPN. I am one year clean and have done everything required of me. Today I received paperwork from the DOH that due to a report received from my previous employer, they conducted an investigation and find probable cause to disciplin my license. I have a health law attorney and I spoke with him today to try and resolve this. My question to you is can my employer make this kind of deal with me and then go against it? Without my written statement and drug test, they would not have had the proof for the criminal charge or the DOH investigation. I just want to move forward to prove myself, but this disipline on my licence may be the end of my career.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  PhillipsEsq replied 11 months ago.

Hello: This is Attorney Phillips. Welcome to Justanswer! I will be assisting you today with your post.

I am sorry to read about your difficulties.

Could you explain a little more?

Did you have a signed agreement with your former about this?

Thank you for your cooperation,

Customer: replied 11 months ago.
No, it was a verbal deal offered by the risk manager and witnessed by three others.
Customer: replied 11 months ago.
I would not have given a statement or consented to a drug test if I had known that it would be used against me for criminal charges and a dept of health investigation. I agreed based on the offer that was made by the risk manager.
Expert:  PhillipsEsq replied 11 months ago.

Thank you for the information.

It appears that you have been blind sided. There is no way you can go after the employer for reneging on the verbal agreement that you made. The agreement is not enforceable. Also and more importantly, there is no way you can undo the damage that has been done. You cannot undo the report made to DOH. DOH cannot overlook the evidence. So, in all likelihood, your license is jeopardy of being suspended or revoked.

I am sorry that I do not have better news for you.

If you do not have any follow-up question(s), kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.