I think my "whistle blowing" may be the reason my employers have not allowed me to return to work from sick leave. How do I get my job back?
Monday September 21, 2009
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I had been on sick leave for eight months, received a return to work from my PCP, was sent for IME (which stated I could return to work), and obtained a third opinion which stated I could return to work. The problem is I reported that a nurse in the ICU was taking a controlled substance from one patient and giving it to another, so the hospital doesn't want me back in the ICU and their IME physician wrote what the hospital wanted. How do I get my job back? I was put on leave without pay. I am not fired and am without a job and income.
Denine
It sounds as though you might want to consult with a nurse attorney or attorney in your state who works with employees and can specifically advise you about what can be done in this situation. To begin with, the employer's sick leave policy or policies (e.g., Family Medical Leave Act) will apply to this situation, so it is important to take your employee handbook with you when you meet with the attorney.
Another issue for the attorney to consider will probably be any possible discrimination against you, either for your taking time off for your illness or for bringing to the attention of the employer a nurse who is not handling narcotics according to state law and employer policy. If you also brought this issue to the attention of an outside source (e.g., board of nursing), your "whistle blowing" may be the reason for the way you are being treated at this point.
Third, the prospect of a "constructive discharge" also will be explored by the attorney. When an employer puts an employee in a situation that is untenable and he or she has no options, the employee may resign. Although it is the employee who makes that decision, in reality the employee is "forced" into doing so and is therefore seen as a firing or termination for which legal redress may be sought.
Cordially,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
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