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Nurse fired after questioning Botox source, unemployment judge finds

Gavel on termination of employment documentA registered nurse was fired under false pretenses after she made a legitimate inquiry into the source of wrinkle-reducing Botox medication for patients, an administrative law judge decided last week.

The nurse, Sheena L. Waterhouse, was fired Aug. 25 from her job at Avalon Laser Inc., a medical spa in San Diego. A week earlier, she sent her boss, Dr. Reza Tirgari, an email questioning whether the spa was using an FDA-approved source of Botox, according to the Nov. 9 decision of an administrative law judge for the California Unemployment Insurance Appeals Board.

The spa claimed Waterhouse wasn’t eligible to collect unemployment benefits because she was fired for misconduct. The judge decided the employer’s claim was not credible.

“The employer discharged the claimant because she made a legitimate inquiry into the source of the product that the claimant used in her role as a registered nurse employed by the employer,” the decision said. “It was not unreasonable for the claimant to want confirmation that the product she was charged with injecting into patients was FDA-approved.”

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