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Liability and the hiring process

Staff Development Weekly: Insight on Evidence-Based Practice in Education, August 12, 2005

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Marilyn interviews for a position as charge nurse for the second shift in the intensive care unit where you are the nurse manager. She was selected from many skilled applicants because of the stellar qualifications she listed on the job application. Marilyn indicated that she worked in a progressive and technologically savvy intensive care unit in the largest city of your state. She signed the application upon completion, verifying that the information provided in the application was truthful.

Soon after Marilyn began her job, problems arose. She didn't have the knowledge or abilities she identified on her job application. As the nurse manager, you start to think that something isn't right. You investigate and learn that Marilyn misrepresented her abilities in the job application. What is your recourse?

A: You have legal grounds to terminate Marilyn from her position if the employment application contained the following statement: "I certify that all the information provided by me in connection with my application is true and complete, and I understand that any misstatement, falsification, or omission of information may be grounds for refusal to hire or, if hired, termination."

Editor's note: The above excerpt is from the new online course, "Nursing CE Series: Legal Issues for Nurse Managers." For more information on this and other courses in our Coding library, go to www.hcprofessor.com and click on Nursing CE.

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