6 Ways to Avoid the Internal Investigation Minefield

posted on May 27th, 2010 by Jennifer Coalson-Perez

Although the following was written for our RN Guardian clients, the  advice will come in handy for anyone facing an administrative disciplinary matter or anyone who  is faced with losing a professional license:

SIX WAYS TO AVOID THE BRN

MINEFIELD

Many types of incidents at work and even outside of work, can lead to both employer disciplinary investigations and investigations by the Board of Registered Nursing (”BRN”). The difference is your employer conducts an investigation to determine if you committed some form of misconduct and, accordingly, whether they need to take some type of remedial action. The BRN conducts an investigation to determine whether they should take some type of action against your license. The most critical time to avoid the BRN/disciplinary minefield is shortly following the incident that gives rise to the investigation. Unfortunately, many RNs make critical mistakes during this time which causes them huge problems. If you follow the simple guidelines below, you will greatly reduce your chances of wandering into the BRN/disciplinary minefield.

1. Do Not Give a Voluntary Statement Without Counsel.

If an incident occurs that might give rise to an investigation your natural inclination may be to talk about it. This is the last thing you want to do at this point. First, voluntary statements are admissible in all types of legal proceedings. That means voluntary statements are admissible in criminal proceedings, civil proceedings, and administrative investigations and hearings such as BRN hearings. Voluntary statements are also readily available to the media and members of the public. On the other hand, a compelled, coerced or ordered statement cannot be used against you in any type of criminal proceeding. Also, a compelled statement enjoys a much higher level of confidentiality and cannot be readily released to the media or members of the public. 

Many investigations involve some element of criminal allegations. For example, if the incident giving rise to the investigation has to do with missing property or property that was used for personal reasons, you may be facing a theft or embezzlement investigation. If the investigation involves improper touching of any other person you might be facing an assault and battery investigation. Personal use of the employer’s cell phones and computer systems have been prosecuted as embezzlement cases. Therefore, it is very important that at least initially, you do not give a voluntary statement.

2. Slow The Process Down

Avoid giving any kind of statement, whether voluntary or compelled, without having sufficient information and being thoroughly prepared. Gathering information and preparing simply takes time. Many RNs have gotten into trouble by giving rushed, off-the-cuff statements that contain inaccurate information. Remember, when you are under investigation and in a stressful environment, your ability to recollect, observe, and perceive is significantly diminished. It is very common for people to give inaccurate and differing descriptions of events that are observed in quickly evolving, stressful, or uncertain circumstances. The best way to ensure you give accurate information is to take the time to adequately prepare. And remember, if you give an inaccurate statement, your employer or the BRN usually will not conclude that it was a simple, honest mistake. Rather, they will conclude you are intentionally misleading them to cover up some form of misconduct. 

3. Get A Representative One of the easiest ways to protect yourself is to get a representative to help you in the investigation and to assist you during the investigatory interview. You should have a number of options available to you including your RN Guardian lawyer, union representative, or shop steward. The primary role of the representative is to help you prepare to give an accurate statement. The representative can gather information on your behalf and conduct an investigation (which you should not be doing). The representative can act as a buffer between you and the investigator and between you and your employer. Your representative can give you valuable advice on your actions to minimize the impact of any investigation.

4. Be Honest When You Do Give A Statement When you finally do give a statement be sure to be accurate and honest. A statement may be in the form of a written statement such as a report or a chart entry or it may be a verbal statement such as a formal investigatory interrogation. Either way, be careful to give only accurate information. Also be concise. The less said the better—usually. Answer questions completely, accurately and honestly but efficiently. Remember, you are not there to tell your life’s story. You are not there to get a promotion or to convince people what a great registered nurse you are. You are there to convey accurate and basic facts to refute the allegations of the investigation.

Many RNs turn an inconsequential or minor investigation into a career-ender by giving inaccurate or dishonest information during the investigation. By following steps 1 through 3, above, and giving an accurate statement you will greatly minimize your chances of wandering into the minefield.

5. Do Not Do Your Own Investigation

Do not talk to other witnesses or do your own investigation. This is a job for your lawyer or representative. If you do talk to witnesses about the event giving rise to the investigation inevitably, there will be an allegation that you attempted to dissuade the witness’s statement, or you collaborated with a witness to come up with a story. This is especially true if there is a disagreement between the witnesses as to what occurred and who is the party at fault. If you come under investigation you should not discuss the matter with anyone except your appropriate representative. This is especially true with any person who might be a witness in the investigation. 

6. Be Confident

If you remember only one piece of advice remember this: Be Confident. Be calm, focused, and act like you committed no form of misconduct whatsoever. Your statements, demeanor and body language should convey one message: “I did nothing wrong and I will easily be cleared.” Remember, we live in a world of perceptions where perceptions become reality. If your supervisors and coworkers perceive you to be guilty, regardless of the facts of your case, they will conclude you are in fact guilty. On the other hand, if you’re confident and your coworkers and supervisors perceive you to be innocent, they will inevitably conclude you are innocent. It is extraordinarily important to maintain your confidence.

G&A Trial Team Keeps Winning Streak Alive

posted on May 20th, 2010 by Jennifer Coalson-Perez

Paul Goyette and his trial team have put their expert trial skills to good use and have pieced together an extraordinary winning streak in high profile criminal defense cases dating back to 1995.

An El Dorado county jury took only 45 minutes to find Christopher Gold Not Guilty of four felony and misdemeanor counts of assault with force likely to produce great bodily injury and battery. That extends the winning streak to 30. Paul and the G&A trial team have received favorable verdicts 30 cases in a row!

How are Paul and the G&A trial team able to achieve such extraordinary results?

  • First, its talent. Paul is an extraordinarily talented trail lawyer and has the uncanny ability to develop a positive and favorable relationship with the jury and gain favorable results for his clients. The key to any successful trial practice is to get the jury to know, like and trust Paul, his client and his case. There’s no text book to read as to how to best accomplish his goal. Paul has developed a unique system over many years of establishing credibility, trust and confidence with all the people I the courtroom, but most importantly, the jury. Simply put -the unique talents of Paul and the trial team cannot be created by any amount of law school education, training or even experience. By comparison, professional athletes such as Tim Lincecum in baseball or LeBron James in basketball are successful for many reasons including work ethic, focus, and competitive zeal. However, each athlete relies on pure talent that simply cannot be duplicated by other athletes regardless of how hard they work or completive they play. Paul and the G&A trial team use that talent, along with unparalleled preparation and a relentlessly competitive approach to accomplish the goal: winning

Who does Paul and Trial Team Represent?

  • Paul and G&A admittedly represent a certain type of client that has the ability to win. The G&A team does not represent career criminals, gang bangers or even petty thieves. Paul and the G&A team represent clients who have enormous career and financial ramifications at stake -not to mention those clients don’t have the experience and skills to cope with jail or prison time. They represent high profile clients including elected officials, police officer and other public safety employees, corporate executives and celebrities. Paul and G&A represent clients who MUST WIN THEIR CASES.

For Chris Gold’s Video Testimonial, click here Chris Gold\’s Video Testimonial

JURY FINDS LIEUTENANT NOT GUILTY OF FELONY ASSAULT CHARGES

posted on May 18th, 2010 by Jennifer Coalson-Perez

 It took an El Dorado County jury just 45 minutes to acquit Lt. Chris Gold of two felony and two misdemeanor charges related to an off duty altercation he was involved in with his former father in law. 

  The background of this case includes an ugly divorce and child custody battle between Mr. Gold and his former wife.  Things got so bad that Mr. Gold’s ex-wife, as well as his ex mother-in-law and father-in-law began making horrific allegations of misconduct against. Mr. Gold.  All of those allegations have been thoroughly investigated and the result has been that Mr. Gold has been awarded full custody of his daughter, and Mr. Gold’s ex-wife is only given very limited supervised visitation of the daughter every week.

On April 17, 2009, Mr. Gold and his mother, Ms. Mary Gold, met Mr. Fagundes in a parking lot for a visitation exchange of Mr. Gold’s daughter.  Mr. Fagundes delivered the daughter to Mr. Gold, but at the time he did so he repeated the allegations that he and Mr. Gold’s ex-wife were making against Mr. Gold at the time.  An argument broke out which led to an altercation.  Mr. Gold put his hands on Mr. Fagundes’ arms, attempted to move him to the other side of the vehicles, away from Mr. Gold’s daughter.  Mr. Fagundes pushed Mr. Gold back and shoving continued between them.  At one point, Mr. Gold did a leg sweep take down of Mr. Fagundes, holding onto his arms.  He placed Mr. Fagundes on the ground.  Mr. Gold straddled Mr. Fagundes as Mr. Fagundes continued to fight.  Mr. Gold used his hand and knees in an effort to control Mr. Fagundes’ hands.  At one point Mr. Gold put one hand on Mr. Fagundes’ upper chest/neck area to hold him to the ground.  Throughout this time Mr. Gold and Mr. Fagundes were yelling at each other.  Mr. Gold continued to yell for Mr. Fagundes to stop fighting.  Finally, Mr. Fagundes stopped fighting and Mr. Gold got up from the ground.  Mr. Fagundes immediately followed him and Mr. Gold retreated to his car. 

 Just prior to the altercation, Mr. Gold asked Mary to call the police.  Mr. Gold had been required to call the police on Mr. Fagundes several times in the past because Mr. Fagundes threatened Mr. Gold during child custody exchanges.  Mr. Gold, Mary, and Mr. Gold’s daughter left the scene and met sheriff’s deputies down the street for an interview. 

  There were several eyewitnesses to the altercation.  Not surprisingly, each eyewitness saw the case somewhat differently.  Some witnesses saw Mr. Gold punching Mr. Fagundes repeatedly in the face.  Even Mr. Fagundes agreed that he was never punched by Mr. Gold.  Each eyewitness, however, witnessed Mr. Gold with one or two hands around Mr. Fagundes’ neck.  Mr. Fagundes alleged that he lost consciousness and requested an ambulance take him to the hospital.  As a result of Mr. Fagundes’ complaint and the testimony of the eyewitnesses, felony charges were filed against Mr. Gold alleging that he had assaulted Mr. Fagundes with force likely to result in great bodily injury. 

At the start of trial, Judge James Wagoner made key evidentiary rulings that shaped the trial.  Specifically, Judge Wagoner excluded any and all references to the allegations of misconduct that Mr. Fagundes and Mr. Gold’s ex-wife had been making about him.  In addition, Judge Wagoner excluded any reference to the conversation and argument between Mr. Gold and Mr. Fagundes at the start of their altercation as it related to Mr. Gold’s alleged misconduct.  One key piece of evidence that was introduced was the testimony of Mr. Gold’s daughter where she overheard Mr. Fagundes say that he was going to fight Mr. Gold prior to their altercation of April 19, 2009. 

Three important factors led to the winning of this case.  First, Mr. Gold and his mother, Mary, both testified consistently and effectively regarding how they perceived Mr. Fagundes on April 19, 2009.  Mary Gold, in particular, noted how angry Mr. Fagundes was on that day and stated that in all of the years she known Mr. Fagundes she had never seen him in such a state.  Next, the defense team was able to exploit inconsistencies in the witness observations and maximize the effect of statements made by Mr. Fagundes that were consistent with Mr. Gold’s theory of self-defense.  Finally, Mr. Gold’s defense team was able to effectively cultivate a positive relationship with the jury throughout the course of the trial.  The jury liked and believed lead defense counsel and, consequently, believed Mr. Gold, persuaded by defense’s theory of self defense. 

Jury trials are often won or lost by the type of jurors selected for the panel.  Mr. Gold’s team was lucky to have a pool of smart, analytical jurors who were able to break down and understand specific parts of the evidence and apply their common sense to reach a sensible conclusion.

Paul Goyette Gets Another Win in People vs. Gold

posted on May 12th, 2010 by Jennifer Coalson-Perez

Taken from the closing arguments:

“What was this case about?

1.It’s About Perception, or rather Misperception

2.It’s About Self Defense

 But it’s really about: What adds up and what makes sense.”

We’ll elaborate in the next few days, it’s a great story with a successful win  that pertains to all of our clients, so stay tuned!

Automatic Worker’s Comp Benefits for RN’s too?

posted on May 5th, 2010 by Jennifer Coalson-Perez

For years, our police and firefighters  have had Presumptive Eligibility for worker’s compensation benefits for  certain ailments including heart trouble, TB, pnumonia and other illnesses or injurys that were a result of thier jobs.

It looks like a similar bill for nurses is piggybacking on the same concept.

AB 1994 (Skinner) Presumptive Eligibility for RNs and Healthcare Workers
This bill would mandate that RNs and other healthcare workers that provide direct patient care receive presumed eligibility for workers comp benefits if they acquire H1N1 influenza, MRSA, blood borne illness or suffer a neck and/or back injury.

Take a look at the portion of the SacBee Article on AB 1994, that pertains to Kathryn Donohue. You’ll see that this nurse is proponent of the bill because she eventually had to abandon her own worker’s comp claim due to the complexity of the system and her inability to navigate it on her own. “You almost have to hire a lawyer,” she said. What if she had one through a career protection plan?  While RN Guardian is not a worker’s compensation firm, our attorneys would certainly be able to help RN’s such as Kathryn get their questions answered and offer our members a advice and consultations on how to best proceed.

Thank you letter to Attorney Dan Thompson

posted on April 30th, 2010 by Jennifer Coalson-Perez

Dan,

 I wanted to personally thank you and your firm. Dan Thompson recently represented me in an arbitration hearing. It was a difficult case and the outcome was positive which resulted in a “Win.” I was impressed with his professional etiquette as well as his knoweldge of law. Dan is a hard working individual and had spent several hours on my case. Dan always returned my email as well as my phone call. I highly recommend Dan Thompson and the staff of Goyette and Associate  to work on your case.

 Terry

G&A: A Contributing Editor to the RN Guardian Forum

posted on April 27th, 2010 by Jennifer Coalson-Perez

Goyette & Associates attorneys are taking in a minimum of 2 new cases per week from nurses who have had an accusation filed against them with the Department of Consumer Affairs, BRN. These nurses are in various stages of the BRN’s process. Some are lucky enough to already be RN Guardian members, which means they just have to pick up the phone, call Jennifer and she takes it from there, assigning an attorney and acting as a liaison. Other nurses call us because they’ve received the dreaded notification from the BRN and they are being asked to speak with a BRN investigator. It’s always best for us to get involved at this point. We can walk the RN through it and give them guidance as they go through the investigation process, to mitigate mistakes on their part that could cause problems for them later if they go to hearing.

Often that is not the case. Sometimes a nurse will call after he or she has already met with the investigator and the BRN has decided that they are going to impose a discipline, up to and including revocation of the RN’s license for ever. There is still time for G&A attorneys to step in at this point and attend the BRN hearing as the nurse’s counsel. To date, we are very proud of our 98% success, rate.

In order to help nurses before the investigation becomes this severe and before an entire way of life is in jeopardy, we’ve worked with RN Guardian to develop a Forum where nurses can share their stories and we can respond with some of our own: http://rnguardian.wordpress.com/ . We want nurses to find us before it is too late. We want them to know that if a complaint is made to the BRN, there is a chance that it will turn into an investigation. And if the investigation doesn’t go well, there is a little less than 50/50 odds that that nurse is going to keep her license. Those are not good odds. Everyone makes mistakes, even the best nurses and that doesn’t necessarily mean they should lose their entire career and way of life as a result. We’ll offer tips on how to avoid a complaint in the first place, the steps to take to take if the BRN gets wind of it and if needed, we can make a recommendation for a few good attorneys if it goes that far!

If you know any nurses, send them to the RNG Forum. Let them know that your favorite Law Firm is going to be contributing to it on a regular basis. We would love to hear what the nursing community has to say.

Superior Court Sides with G&A on 12 Day Suspension Overturned

posted on April 26th, 2010 by Jennifer Coalson-Perez

Goyette and Associates has defeated the Department of Corrections’ attempt to impose discipline on a Correctional Lieutenant employed at Pelican Bay, for innocent conduct that occurred in 2005.  The Department of Corrections attempted to institute 12 days suspension on a Lieutenant for a violation of a purported rule, which did not exist at the time of the conduct.  After the State Personnel Board refused to uphold the Department’s discipline, the Department appealed to the Superior Court, demanding the Judge impose an Order imposing 12 days of discipline.  After extensive briefing and argument, the Superior Court refused to impose the discipline, agreeing with Goyette and Associate’s attorney, Joy Rosenquist, that the Personnel Board got it right the first time in their ruling.  The Lieutenant will not have to endure this suspension.  We have no doubt the Department will appeal, because that’s just what they do, even though we believe it’s a waste of taxpayer resources.  For more information on this win, contact Joy Rosenquist.

G&A Sponsors Apple Blossom Trail Run

posted on April 19th, 2010 by Jennifer Coalson-Perez

Goyette and Associates is very proud of their sponsorship in the Apple Blossom Trail Run, which took place on Saturday! Check out information on the run, which will be an annual event.  http://www.breakoutracing.com/AppleBlossomTrailRun.htm

“Your Call Will Be Answered By A REAL LIVE PERSON!” (how novel!)

posted on April 16th, 2010 by Jennifer Coalson-Perez

I know as a consumer, one of the most irritating phenomenon of the modern age is calling a labyrinth of never ending extensions only to be hung up on you after you’ve invested 20 minutes trying to find the right person. The other phenomenon is that companies use the slogan “talk to a REAL LIVE PERSON” as a marketing ploy- the equivalent to throwing in a “set of steak knives” when you purchase a blender or a cookbook. It shouldn’t be a marketing ploy, it should just be expected as part of good service and here at G&A, it is.

Now you know if you’ve been a long time client of G&A’s or if you’ve just recently had need to call us, that your call is answered by one of our amazing staff members: Gayle (she’s our receptionist) Lisa or Wendy (our stellar legal secretaries) Sue (our matriarch and office manager) or Jen (me). You also know who you’re calling because we don’t refer to ourselves as “Law Office”, so you know you’ve actually reached the right place and most of the time you know exactly who you’re talking to because we tell you our names!

You may also have been impressed (or shocked in some cases) that we do not have voice mail. A few years ago this may have made us seem antiquated, but after years of being dumped into impersonal voicemail systems which may or may not elicit a return call, our approach is refreshing! You know that the attorney you’ve called will get the message, because you can trust our staff to deliver it. You can also trust them to go above and beyond to help you right then and there if we can.  So thank you to one of our clients for recognizing the extra effort the staff of G&A make every day to ensure our clients feel well taken care of… and until there is an automated system that can look through 2 HUGE files for a client, I think we will keep Gayle!

From: Dan

Sent: Friday, April 16, 2010 7:28 AM

To: Gayle

Subject: Re: Status of your matter

Gayle,

                Thought you’d like to see this… good job, as always.


From: Troy

Sent: Friday, April 16, 2010 7:28 AM
To: Daniel Thompson
Subject: Re: Status of your matter

                Hello Dan,

Just in case you were wondering, the reason I called your office to get the information from the notice of discipline was to use the information in a rebuttal to my annual review. Couldn’t find my original copy so your receptionist was kind enough to read the paragraph to me. Now that’s service!

                Thanks for doing such a great job on my behalf!!
                Warm regards,

                Troy