Hello,

I was recently terminated and accused of impairment during work, without factual evidence, Also, I was asked what medications I take' in front of 3 other staff members, including two of which were corrections officer- since this was at the local justice center, I would like to get feedback from other nursing admin, HE, and attorneys, if possible.

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I would definitely get a lawyer, and do NOT answer any questions or talk to ANYONE about anything related to these allegations. I wouldn't post about it online any more either. Just find a lawyer as soon as possible.

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The previous comment about getting an employment lawyer....wrong. In all ways. It is nt an employemnt lawyer you should get, its a lawyer that specializes in professional healthcare licenses defense. If the person who questioned you actually thought you were impaired and they are a helathcare professional with a license, they are mandated to report you to the department of health or board of nursing filing an administrative complaint that in worst cases will stay on your license and become public information . they would need probable cause to advance the complaint to that status and a lawyer that specializes in that could help you professionally and legally defend your case. Even if you are innocent and not impaired, you will have to prove this to the board. This is from personal experience. I am in Florida. You may not need the lawyer at this moment. But if you get a letter form the DOH you aboslutely should get one. I would have one just in case that happens. In the meantime, don't talk to anyone at work about this and if you are questioned you have a right to seek a lawyer first.

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You should never have to list the medication you take unless it would affect you doing your job. Also,hippa applies to you. You should’ve never been questioned in front of three other employees. I would definitely seek an attorney’s opinion I would get one or two opinions actually.. I don’t know if your state has a labor board but if it does, you should report what happened.

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There medical history is also to be protected! What are you talking about? So you’re telling me that an authority figure can speak about employees medical I don’t think so

Unfortunately if you live in a Right to work state, your employer doesn’t need a reason to terminate you, just as you can leave for no, stated, reason.

This is why I keep telling people to stop with the ridiculous “loyalty” to employers and stop the two week notices.

Does your employer give you any consideration or two week notice when terminating your employment??

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As a DON in a correctional facility I can tell you the rules are VERY different. Read your employment agreement. Understand that even the appearance of impairment is a contract violation in the vast majority of correctional facilities. There us is ZERO tolerance for contraband introduction and rightly so. Take it is a lesson learned and move on. It is a colossal waste of time energy and money to do anything else.

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Are you not required to have a Physical prior to employment especially if you are at a correctional facility? If so, all medications should be listed and why.
Second, impairment accusations constitute a urine sample on the spot. (factual evidence) and or immediate blood draw if consented. I would think that way.
How terrible to be accused though without evidence. I am sorry I am not an admin, HE, or attorney. This seems unfair.
I can honestly say that this is what happens in my field. Impairment is handled and testing is eminent at the time of accusation by HR.

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sorry about the spelling i did this on my phone :/

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I was terminated for being impaired at work- by a nurse. Prescription opioid meds in system following a fall resulting in a thoracic T11 fracture. 2015. shamed by administration blood work/ urine Tox screen/ administration leave. The administration stated l needed to resign or face the NYS nursing board. I was not impaired - the medication was prescribed and taken the night prior. I resigned.
Years later, an anesthesiologist was reported for stealing Fentanyl. He was sent to rehab as an option and no charges were filed. My point is - money talks. Btw I consulted a lawyer who started he can’t sue for wrongful termination in NYS. My advice- don’t tell anyone about your prescription medications.

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Spartacus law in Las Vegas they are great!

If you don’t have a discrimination case in an At Will state, don’t waste your money with an attorney. I worked at an office for several years taking the same meds every year. I’m sober and have been 23 years. I’m open about that even now. Someone started working at the office that for whatever reason we didn’t mesh, and before I knew it, I was being fired for being impaired. I left my job and went directly to get tested, it was negative. I went to an attorney and they basically told me unless it’s discrimination there was nothing I could do. I’m still sober and in 2 years that same doctor can’t find anyone to replace how hard working and great employee I was. My advice, move on, your probably better off.

I am not a lawyer but would consult with one. I feel you were treated unfairly and that they should not have been able to terminate your employment without factual evidence.

Leave.

Move on and thank God that you did. There are many employers who would welcome your skills. Don’t waste your time and energy only to win nothing. Move on and do not hold a grudge. It will only hurt you.

This is one of those situations where I would be very cautious about discussing details online and would speak with an employment attorney, especially because this involves a nursing license, impairment allegations, privacy concerns, and possible workplace policy issues.

From a legal and ethical standpoint, the employer should have followed a clear, objective process if impairment was suspected — not just accusations without documentation. That usually means following policy, documenting observable behavior, using appropriate testing protocols if applicable, and protecting the employee’s privacy.

Asking what medications someone takes in front of other staff members is also concerning. Medication information is private and should be handled discreetly, professionally, and only on a need-to-know basis.

I would request copies of the termination paperwork, relevant policies, any incident documentation, and avoid making further statements until speaking with counsel. Protect your license, your privacy, and your professional reputation.

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