If someone wants to talk to you and calls your cell phone, you can ignore the phone call and send it to voicemail. If they want to talk in person, we don’t need to answer the door. However, when it comes to your employer, the police or an investigator, we feel obligated to talk.
Just know, you have the right to remain silent. It is hard with your employer as they can fire you for not talking but I see it time and time again where nurses think they have not done anything wrong so they spill their guts trying to explain everything which invariably gets them into more trouble. What’s worse is when your employer wants to talk to you, they will not allow you to have an attorney present.
According to the 5th Amendment of the Constitution of the United States, you have the right to remain silent to protect yourself from self-incrimination. You are not required to testify against yourself. But, as nurses, we forget we don’t have to talk or think that if we talk, they will believe us. You should always have an attorney present if you are asked to talk to the police, an investigator, or any governmental agent. Whatever you say can and will be used against you. Even the most innocent thing you say can be twisted against you and unfortunately, most nurses don’t see it coming.
One nurse was accused of diversion and was asked to talk to the police. She went alone, unknowingly. The police officers were dressed like 21 Jump Street cops. They looked young, hip, and cool. The nurse shared everything and by the time she was done, the cops had their entire case against her videotaped and tied up in a neat bow. They did not have to pour through all the medical records to find what was ordered and what was given. I am all for honesty but there is no reason to make the police’s job easier.
Other nurses talk to the Board investigators without counsel. One nurse even had insurance that would have paid an attorney to go with her. Don’t let this be you. Your life, livelihood, and career are too important. Get the counsel you need before you talk to anyone even if it is just to talk to your employer so you can be fully prepared.
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