In Jan 07 I was molested by a client I work with in a group home. He is severely schizophrenic and MR, yet our home cant find proper placement for him so he has continued to live there since. Today (OCT) I was given a paper by the CEO telling me I had to either accept a transfer to another home within the company (which isnt an option bc the next closest home is 1hr + away) or sign a paper saying I resign my position all together even though it was no fault of my own (says so on the paper) It says that they believe his contiued issues and refusal of meals and meds may be stemming from his own guilt from the ordeal and he'd feel better if I were not in the home.
Can I say no to both requests and force them to fire me? (in hopes of getting unemployment) or can they MAKE me choose to resign and then I'm just S.O.L. ? Any help would be wonderful! I am a 21 year old mom with little resources and feel like I am being taken advantage of, bc I dont know my rights. Thanks!
2007-10-25 10:17:48 · 12 answers · asked by yarps246988 1 in Politics & Government ➔ Law & Ethics
What are they going to do, put you on the rack until you sign? They just don't want to pay your unemployment.
2007-10-25 10:21:15 · answer #1 · answered by Lavrenti Beria 6 · 3⤊ 1⤋
No, you don't have to resign. They can't force you to sign the paper. Given the letter clearly states that you were not at fault they don't have a basis to fire. Tell them they could transfer the client to a different group home if its that much of an issue for them. They obviously have more than one group home and a transfer isn't that big of a deal. Also, is their refusal to find a placement motivated out of money or are there really no openings to be had?
Call the case manager and find out if there really aren't any other options.
2007-10-25 10:26:14 · answer #2 · answered by Anonymous · 3⤊ 0⤋
Keep the paper, use it as proof to get your unemployment. You can get unemployment if you are "laid off" due to no fault of your own. Obviously, based on your facts, it is not your fault that a patient is acting up around you.
Don't quit, just apply for unemployment tomorrow (you can usually do this ONLINE) and tell unemployment that your work told you you were being let go but gave you a paper to sign and you don't fell comfortable signing it becauase it is not the truth.
Also, you can get unemployment for reduction in work hours.
2007-10-25 10:59:12 · answer #3 · answered by Dina K 5 · 0⤊ 0⤋
That paper is illegal. Don't sign it. You have every right to consult an attorney and apply for workman's compensation if they do fire you.
The employer is trying to cover up the behavior of that client, who should be in close confinement in a secure institution, not in a group home. He did it before and he'll do it again.
This is something that is profoundly serious and should be reported to the state agency that regulates group homes. Do not hesitate - how would you feel if that client wandered out one night and grabbed some pre-schooler from her bedroom and violated her and maybe murdered her? If that were to happen, and you had failed to report his behavior and the home's response to the proper authorities, YOU will be as guilty of the child's abuse as that client.
2007-10-25 10:37:07 · answer #4 · answered by Anonymous · 2⤊ 0⤋
Most attorneys will give you an hour consultation for free. I would suggest that you look up some attorneys in your area and go and see them and ask their opinion. Right off the top of my head, I think that they are wrong to ask you to leave if you have had no discipline or working problems that they have documented. But, them offering you a position in another one of their homes may be their "out" for them saying they did not fire you. I would not sign anything until I talk with an attorney.
2007-10-25 10:33:35 · answer #5 · answered by ? 7 · 1⤊ 0⤋
While you have every right to refuse to resign and force them to fire you, they will simply fire you for cause. Whether fair or not, their first concern is with patient safety and for whatever reason they feel the patient has issues with you and they manifest in his not being medicated.
I would strongly suggest you negotiate either a higher salary for the extra travel time if you decide to transfer or a per-diem. If you decide to tender your resignation, I would suggest you make it a condition of your leaving for them to give you a good reference in writing and in referral calls from perspective employers.
If you do not have an employment contract then the best you can hope for is to win an unemployment hearing. Nothing more.
2007-10-25 10:30:03 · answer #6 · answered by hexeliebe 6 · 2⤊ 1⤋
There is no way they can make you resign. Tell them no.
If they try to fire you, you may have case to sue them for improper dismissal under the sexual harassment laws. Not sure about this part though as I'm not an expert on those laws.
2007-10-25 10:22:26 · answer #7 · answered by Michael C 7 · 3⤊ 0⤋
Most companies can let an employee go for no reason, all they have to say is "we do not need you anymore".
They hope you would quit instead of signing the contract so they would no have to pay unemployment.
I seen companies cut people hours back so they would quit.
2007-10-25 10:39:08 · answer #8 · answered by bbj1776 5 · 0⤊ 0⤋
I would say to request a severence package but I would definitly hope that someone on here has some legal advice for you unforuntaly I am not a lawyer and I do not know if your in canada or where you are? Goodluck
2007-10-25 10:23:06 · answer #9 · answered by girl 4 · 1⤊ 1⤋
get an attorney and sue them till they have to live in a cardboard box under a bridge
2007-10-25 10:35:42 · answer #10 · answered by captsnuf 7 · 1⤊ 0⤋