I was recently fired from my job at an Indiana prison for inappropriate and unprofessional behavior after 3 occasions of someone making false accusations against me. The complaints were not substantiated and I was never disciplined or given the chance to plead my innoscense. I never signed any type of report nor did I know what the circumstances were until I was fired. All complaints were grossly untrue and I have coworkers that would back me up. I am applying for unemployment benefits and I am also considering consulting an attorney. I am a nurse and actually work for the contract company that the Indiana prisons use. Custody was the one making all the false accusations.
2006-12-29 20:20:18 · 6 answers · asked by Laura S 1 in Business & Finance ➔ Careers & Employment
This sounds not at all right!
Since when are you convicted before a trial? not to mention the harm to your reputation should you wish to work as a nurse again somewhere and they want references.
I am not familiar with US law, sorry, but I wouldn't sit still for this. It is you life and reputation and future at stake here.
I have been aware of this '3 strikes and you're out' policy at a workplace, also dealing with health care, but firstly each time the complaint comes in, it must be adressed and verified with the employee and a determination made if indeed it was warranted. Notations are made in the record of the employee and signed immediately below the last word of the statement.. positive OR negative.
There must be THREE occurances actually involving the SAME classification of infraction( in other words negligence of a patient and stealing property is NOT the same kind of infraction) before firing.
After EACH of the first two SUBSTANTIATED infractions, you are given a warning, so you are well aware and have signed that IF you repeat an offence of a similar classification FOR THE THIRD TIME, YOU ARE GONE.
Check your contract to see if this really is what you agreed to when you signed - Dismissal without hearing, trial or representation.
Do you belong to a nursing union or board where you can get help?
Do you have access to free 1 hr advice from a lawyer( check your yellow pages)
Are your co workers willing to back you up and write statements NOW while the happenings are fresh?
Have you also already done the same?
Has the contract company obligation under licence to report you to the nursing licence board?
Ask them for a copy of the claim against you and the decision in writing.
I also know of countries where firing automatically prevents claiming Unemployment benefits.please check it out.
Good luck and I hope this gets resolved in your favour !!
2006-12-29 20:57:25 · answer #1 · answered by fjäril 2 · 0⤊ 0⤋
Check anything that you may have been given or signed when you started the job. Many documents state that you are an employee at will. I know that this pertains to most jobs in NJ.
If you didn't have a specific employment contract than you most likely were an employee at will. If you were an employee at will as wrong as it seems a company does not have to give or have a reason to let you go.
I'm not a lawyer, only describing things that I have found out the hard way. Your best bet is to file for unemployment and collect an other money due to you, like unused vacation time.
It never hurts to ask a lawyer. Most employment lawyers will give a free phone consultation. Unless you can prove blatant discrimination , you are better focusing your energies on finding a better job.
Good Luck
2006-12-30 02:10:38 · answer #2 · answered by solsk8r 2 · 0⤊ 0⤋
I would say that it does not sound right... check your contract. Then consult a lawyer..really! Most companies have policies that define how such issues are handled, and if you are a reasonable person who works hard, the problems can be resolved. check your contract.
2006-12-29 20:26:41 · answer #3 · answered by erok2020 3 · 0⤊ 0⤋
Consult a lawyer as soon as possible. If the allegations against you were untrue, it is possible you could sue the prison for wrongful termination.
2006-12-30 07:26:14 · answer #4 · answered by seekermike 2 · 0⤊ 0⤋
i wager it relies upon on what state you're in. In Virginia they could hearth you every time and for any reason without giving a reason or note! Commonwealth State, love the hell out of it! BS!!!!
2016-12-01 08:06:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
it really depends on the company's policy,you'd better talk to the attorney at laws.
2006-12-29 20:22:57 · answer #6 · answered by di_cassano 4 · 0⤊ 0⤋