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  1. #1
    Join Date
    Nov 2007

    Post Falsely Accused of Appearing Intoxicated At Work

    I have a few problems with a former employer. I am a nurse and was out of work due to a long illness (about 3 months total). I was employed for 10 months and was replaced when I first got sick. I believe I was entitled to FMLA but told that I was not because i was not employed for a year however, I worked at least forty hours or more each week and was well over the 1250 hr requirement. I lost my health insurance in the middle of my illness and because it took over 3 months to get a disability check, I could not pick up insurance on cobra as I was 3 months behind in my mortgage. and car payment and keeping the power and water on also was almost impossible. I went back to work on a prn status and worked very little due to no openings. i complained to my employer and applied for a full time job that had come available. Someone else got the job and I went to the administrator to complain. The very next shift that i worked I was called to the office in the morning before I had a chance to complete my med pass. I was sent home because by this time the day nurses had come in for work.
    Several days later I received a letter in the mail stating that I had to contact an agency that regulates nurses. At that time I was told that I was reported to that agency for appearing intoxicated. As a nurse, if any employees that i worked with appeared to be intoxicated or had an accident or adverse incident on the job, I would ask them to submit to a drug screen which we were required to do. This was never asked of me and I was not accused of anything until after the fact.
    As far as this agency was concerned, i was quilty. I went for an evaluation and it was found that i did not have a drug or alcohol problem, but by that time I was depressed. Duh...I lost my job, my insurance, my home. By that time I was homeless. I was not permitted to work as a nurse.
    This nurse that accused me of this had no right to do so without first asking me to submit to a drug test right there on the spot. She knew that I was not under that influence but also knew that she could not report me to the DOH for not finishing my med pass because there were too many violations at the nursing home...such as too many meds to give in a short amount of time, understaffing of nurses and other staff.
    I have lost 2 yrs of wages, I have lost my license and my dignity. I worked too hard to become a nurse. I loved my work. I want my life back and I want to make sure that this nurse can not do this to another person. I want my 2 yrs back and a clear license. Do I have a case?
    This happened in the state of Florida. IPN and the DOH are immune from prosecution, but as far as I know, I can take this nurse to court in a civil suit and also the nursing home.

  2. #2
    Join Date
    Jun 2006

    Default Re: Falsely Accused of Appearing Intoxicated At Work

    If you had only worked there for 10 months then what you were told is correct; FMLA did not apply. FMLA eligibility requirements are set by Federal law. For FMLA to apply, ALL of the following must be true:

    1.) You must have worked for your current employer for a minimum of 12 months
    2.) You must have worked for your current employer for no less than 1,250 hours in the last 12 months
    3.) Your employer must have no less than 50 employee within 75 miles of your location
    4.) You or a qualified beneficiary must have a serious health condition as defined by the statute.

    If even one of the above four criteria is not true, FMLA does not apply.

    But on to your question:

    What evidence do you have that the nurse did not honestly believe what she was saying?

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