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Ok I am going to try to answer your questions as coherantly as possible. You first question is if an employer has to have proof you diverted to fire you for diverting. Depending on the laws in your state your employer may choose to terminate your employment for any number if reasons. In an "At Will" state such as California either party can severe the relationship at anytime for no reason at all. If however you are being accused of diverting and you have not done so. I would suggest you talk to an attorney experienced in wrongful terminations. The fact that you tested positive is not a good sign because even if you have a valid prescription the Nurse Practice act in most states specifically forbids the use of any substance that may alter your ability to perform safe practice. This type of restriction is wide open to interpretation by governing bodies and the BON.
The other tghing I noticed from your post is that you were taking Ambien - I can't begin to tell you all the screwy thing people have done on this medication that they simply don't remember (It's like an amnesia pill) I would advise you to not take it. That combined with Xanax would be enough to make you seemed seriously looped even hours or days after taking it.
Your list of meds shows that you are on or have been on some fairly heavy psych meds and often the body needs 6 to 8 weeks just to get used to them. I myself am a recovering addict and also a former psych nurse. If you have filed a grievance does that mean you have an attorney. If that is the case I would advise you not talk to anyone including the BON until your grievance is settled. Comments you make may be used against you at a later date.
No for the addiction issue. IF you have a substance abuse problem, and I'm not saying that you do this would be a good time for you to seek help. Check out some meeetings look into treatment options get help. I nearly lost everything husband, house, son oh and very nearly my life before I came up on a issue very similar to yours. That was in 2004 - I self reported to my BON, got treatment and graduated from the Diversion program last year. It was a very hard 4 and 1/2 years but I do not regret it. I am happy clean and sober and working full time as a nurse. I am always around here so drop me a message and we will talk some more.
Peace and Namaste
Hppy