Is my employer violating my due process rights during the investigation?

Full question:

I am a RN. Employed by AZ. State. Charges were brought against me at work for misconduct and neglect of duty. I was denied to use patient records to defend myself as my employer stated HIPPA regulations. However, these client records and reports were used against me. I was placed on investigation for 6 months and suspended from work for one day. They have not honored the timelines (and my supervisor changed dates) for their grievance policy. If these charges stick I will have to report this to the State Board of Nursing. This will result in a mark against my license that has been in good standing for 28 years. Is this a violation of due process?

• Category: Employment
• Date: 04/07/2025
• State: Arizona

Answer:

The answer to your situation depends on your employer's policies and the reasons for any deviations from them. Review your employment contract and employee manual to understand your rights and your employer's obligations. Generally, disciplinary actions are governed by these documents, and as long as the employer substantially complies with them, due process is not violated. If there were deviations from the established guidelines, the impact on your rights will depend on the reasons for those deviations and the harm you experienced.

Due process requires that you receive notice of the conduct that is being addressed and an opportunity to be heard when your rights are at stake. For instance, if you received only twenty-four hours' notice of a hearing, that might prejudice your rights, while a notice given six days in advance, instead of the required seven, may not. If further disciplinary action occurs, you may be able to request access to the patient records through the discovery process.

For any discipline to be final, you must either consent to it or have had the opportunity for a hearing. Hearings are held at the Office of Administrative Hearings, presided over by an Administrative Law Judge who will make recommendations on findings and orders. These recommendations are reviewed by the Board Members before they decide on any disciplinary actions. If the Board decides to impose discipline, you can file a motion for rehearing or review if you believe there were grounds that materially affected your rights.

If you are part of a union, I recommend contacting your union representative. Alternatively, consider consulting with a local attorney who can review your specific facts and documents. For further information, users can search for state-specific legal templates at .