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I am an RN & work as charge nurse nights! Had an unruly

Customer Question
I am an RN...

I am an RN & work as charge nurse nights! Had an unruly patient & gave him a shot to calm down! The aid that reported me & stated that I said after giving the shot “how did that feel, did u like that, & u are bad

Lawyer's Assistant: Was this discussed with a manager or HR? Or with a lawyer?

I ha

Lawyer's Assistant: Is the workplace "at will" or union? Is the job hourly or salaried?

My Directir of Nursing suspended me & becz I took my melatonin to sleep she told me over the phone

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that is it

Submitted: 3 months ago.Category: Legal
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Answered in 22 minutes by:
12/30/2017
Lawyer: John, Attorney replied 3 months ago
John
John, Attorney
Category: Legal
Satisfied Customers: 5,944
Experience: Licensed and practicing attorney.
Verified

This is your word against the aid's word absent a patient complaint, so it cannot technically go anywhere to affecting your license. With regard to the employer, nurses are in such demand at this point that it's doubtful anything would happen to you. However, employment is always at will and the employer legally can take any action it desires in this sense. Absent the employment action being discriminatory or in violation of policy, you wouldn't have recourse against that.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 3 months ago
Thank you for your response! Excellent advice! May I ask another question?
Customer reply replied 3 months ago
This aid is one who I have written up! After every injection or blood draw I ask the patient how was that he had no response so I asked how did that feel! There were 2 others there in which I do not have there statements! I guess my question is that do I have recourse against the aid who has written me up for bogus charges & lost wages because of her vindictiveness? I am missing double time on News Year Day which is $60/hr
Customer reply replied 3 months ago
Answer to this question plz?
Lawyer: John, Attorney replied 3 months ago

You do have recourse, though in most cases it is difficult to prove and costly to pursue. I'll explain. The cause of action would be defamation and tortious interference. To prove either of these claims you necessarily have to prove the person not only stated something untrue to management, but that the statement was made intentionally with the intent to harm your reputation. Further, you'd have to sue this person in civil court, and this isn't the type of case an attorney is going to take on a contingent fee basis. Rather, you'd have to pay the attorney hourly to pursue it probably at a cost of at least $200 an hour. When you compare that to your potential recovery, it just doesn't make sense to pursue.

Hope this helps. Thanks.

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Lawyer: John, Attorney replied 3 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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