I was recently terminated from my position as a Mental Health Worker in a Psychiatric hospital on the juvenile unit. I was called in today and told that here had been allegations that I had verbally abused one of the clients (supposedly by telling them to get their A** back in bed). They could not tell me for sure on which date the allegations came from and did not have the file with them at the time of termination. I was told that the story was backed up by a nurse that was there. I know I did not say this to any client nor would I ever. I want to know if the facility is obligated to tell me who filed the complaint and what employee backed it up? Can I call and demand this information? Do I need to hire a Lawyer?
2006-11-09 08:06:44 · 7 answers · asked by raynelley 3 in Politics & Government ➔ Law & Ethics
The funny thing to me was that they did not have the file in front of them and the first date the gave me was one that I had not even been at work due to them being over staffed and sending me home. That night was a rough night for all of us but I know for a fact I never lose my mouth not with a child and deffinately not with a child who already has psychiatric problems.
2006-11-09 08:15:04 · update #1
My biggest fear is that this will go to the Depeartment of Family Services and there will be abuse charges brought. With out knowing the exact date and time the complaint was filed and who backed up this clients story then I do not know if they can even support the claim.
2006-11-09 08:17:47 · update #2
Tough question. If you're an at-will employee, in most states, they can fire you for any reason, or no reason at all.
Some states have "service letter" statutes, which require that your former employer provide you a written letter explaining why you were fired. If they don't provide that letter, then you can use them for damages.
http://www.timslaw.com/serviceletter.htm
In addition, if you were a state employee, you might have certain additional rights. Same thing if you were in a union.
Finally, this may be a pretext for a discriminatory termination (are you a minority? old? young? different ethnic group? disabled?) If so, then that may give you a cause of action as well.
I would talk to a lawyer soon, not with the expectation that you will get to sue, but he will listen to your circumstance and give you reasonable advice. Most plaintiffs' employment lawyers will not charge you for an initial consultation and will not charge fees (but will charge costs) unless you are successful.
2006-11-09 08:14:03 · answer #1 · answered by Perdendosi 7 · 1⤊ 0⤋
Yeah, you will need an attorney. They are not obligated to disclose who filed the complaint against you. The only way that could be disclosed is if a law suit is filed and discovery is made between both parties. Regardless, I would get an attorney to protect my career if I were in this situation.
Good Luck and Take Care
2006-11-09 08:22:38 · answer #2 · answered by escapingmars 4 · 1⤊ 0⤋
You have the right to defend yourself against allegations that could end your career, you need to hire a lawyer and sue for wrongful termination, this will force them to come clean and tell you who has lied about you. It looks like a dirty trick someone pulled on you. hope you win. Good Luck.
2006-11-09 08:22:58 · answer #3 · answered by mimi 4 · 1⤊ 0⤋
That is a very sticky subject....I know in a court of law you have the right to face your accuser and talk to any witness....but as far as that goes, I don't know.....I would at least talk to a lawyer and find out what your limits are and what you can do....
2006-11-09 08:11:49 · answer #4 · answered by yetti 5 · 1⤊ 0⤋
you need a lawyer, they are trying to get rid of you. If everything is a lie the will have to tell your lawyer before court then you will know who it is and why
2006-11-09 08:16:19 · answer #5 · answered by kathkrumm 2 · 1⤊ 0⤋
My heart goes out to you. I just found a website called LAWGURU.COM and it allows you to ask a legal question for free. You may get up to four replies back.
I hope you are successful at clearing your name. Best wishes.
2006-11-09 08:22:17 · answer #6 · answered by upside down 4 · 1⤊ 0⤋
Hire a lawyer, you may have options. That sounds like a bunch of crap to me, someone doesn't like you.
2006-11-09 08:10:14 · answer #7 · answered by dakota29575 4 · 1⤊ 0⤋