Legal Question in Criminal Law in California

Narcotic diversion in the workplace
I am a registered nurse. Employed same hspital 26 years. Accused of diverting narcotics based on poor documentation, unaccounted wastes and excessive use of one particular drug. Have been drug tested and found negative. No patient complaints. No doctor complaints. Complaints not from nurses I work with but from nurses on shift that follows me. I have not been allowed to read the complaints. Have been given the option to resign, be terminated, or enter a diversion program. I am leaning towards the program because it is least costly, I can only win, and I should be able to fly thru because my problem is not drug addiction, it is poor charting, poor documentation and very poor judgement. I have heard it is not whether or not a person is guilty but what can be proven. My husband wants me to fight this but I am afraid if I lose, I lose my license. I can't gamble that. What should I do?

Asked on 6/06/06, 12:29 pm

2 Answers from Attorneys

Philip Iadevaia Law Offices of Philip A. Iadevaia

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Re: Narcotic diversion in the workplace

You should not accept any allegation against you that is not true. Entering a diversion program would seem to me that you would have to admit that there is a problem. Don't do that if there is no problem.

You are a 26 year nurse. That accounts for something. If they can't prove anything, and they fire you, you have an action against them for wrongful termination. Also, you MUST be allowed to see the complaints against you. You would be wise to see an attorney ASAP. Good luck.

Answered on 6/06/06, 1:08 pm

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