Advanced Practice Legal Considerations
Amanda Regan
Drunk and Disorderly
“An alcoholic registered nurse came to the hospital where he was employed, in an intoxicated state, while on vacation, and had a violent confrontation with hospital security guards. The nurse had no recollection of the incident after the fact. He claimed he must have been suffering from an alcoholic blackout at the time of the incident. Five days after the incident, the hospital notified him of his termination. He pursued the hospital’s grievance process unsuccessfully, then sued the hospital in federal court, alleging he had been terminated from his employment because of his handicap, alcoholism. The U.S. Circuit Court of Appeals for the Second Circuit (New York) upheld the lower court in dismissing the disability discrimination suit that was filed against the hospital. For misconduct caused by current abuse of alcohol, an alcoholic gets no benefit from the disability discrimination laws. The court also pointed out it was permissible for the hospital to fire this nurse, whether this instance of misconduct was considered to have occurred on-duty or off-duty.” Johnson vs. New York Hospital, 96 F. 3d 33 (2nd Cir., 1996). (“Alcoholic nurse,” 1996).
Facts
Mr. Johnson was an employee as a registered nurse at New York Hospital at the time of incident. Nurse Johnson, then off-duty and on vacation, admitted entering the hospital of employment in an intoxicated state. As for the information provided, it is only hearsay he had a scuffle with hospital security guards. Johnson did not have any recollection of the events, claiming he suffered from an alcohol-induced blackout. The hospital terminated his employment after the incident.
Information needed includes the definition of “disability” by law, documentation filed from the security guards regarding the details of the incident, and the hospital’s verbiage in their employer-employee contract. To find these facts would... [continues]
Amanda Regan
Drunk and Disorderly
“An alcoholic registered nurse came to the hospital where he was employed, in an intoxicated state, while on vacation, and had a violent confrontation with hospital security guards. The nurse had no recollection of the incident after the fact. He claimed he must have been suffering from an alcoholic blackout at the time of the incident. Five days after the incident, the hospital notified him of his termination. He pursued the hospital’s grievance process unsuccessfully, then sued the hospital in federal court, alleging he had been terminated from his employment because of his handicap, alcoholism. The U.S. Circuit Court of Appeals for the Second Circuit (New York) upheld the lower court in dismissing the disability discrimination suit that was filed against the hospital. For misconduct caused by current abuse of alcohol, an alcoholic gets no benefit from the disability discrimination laws. The court also pointed out it was permissible for the hospital to fire this nurse, whether this instance of misconduct was considered to have occurred on-duty or off-duty.” Johnson vs. New York Hospital, 96 F. 3d 33 (2nd Cir., 1996). (“Alcoholic nurse,” 1996).
Facts
Mr. Johnson was an employee as a registered nurse at New York Hospital at the time of incident. Nurse Johnson, then off-duty and on vacation, admitted entering the hospital of employment in an intoxicated state. As for the information provided, it is only hearsay he had a scuffle with hospital security guards. Johnson did not have any recollection of the events, claiming he suffered from an alcohol-induced blackout. The hospital terminated his employment after the incident.
Information needed includes the definition of “disability” by law, documentation filed from the security guards regarding the details of the incident, and the hospital’s verbiage in their employer-employee contract. To find these facts would... [continues]
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