If allegations were made against me for verbal abuse in a community care home that are not true from a mental health client and I was suspended from work with no pay what rights do I have? What can I do?
State/Country relating to question: South Carolina
Nothing just trying to get Information on the situation
Hello,Unfortunately unless you have an Employment Contract or there is a company policy that provides more rights, you really don't have any right to appeal or change the employer's decision. In essence if you are an "At Will" employee, which most employees in SC are, your employer not only gets to set and change the terms and conditions of employment as they see fit, but they also get to set the disciplinary process, if any, or simply terminate an employee, for any, or no, reason and with no notice or warning. In your case, thankfully, your employer either has a formal or informal policy that gives you more rights to keep your job than most. Just to be clear, the way "at will" employment works is the employer can be as arbitrary and misguided in their decision as they choose. The only other restriction on their ability to discipline or terminate as they choose, other than a contract or policy, is that they cannot specifically target an employee for adverse treatment simply because that employee is a member of a protected class under employment discrimination laws.
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How come I have no rights as an employee but clients have all the rights. We are all human an citizens an we should be treated equal an fair. When allegations made against me that are untrue an can be put on my record as verbal Abuse to a mental health patient I feel I have the right to pursue her in a lawsuit or something
Please remember that I have nothing to do with the way the laws are written. I am merely trying to assist you in understanding what they are. As for the "mental health" patient. In order to have a successful lawsuit against her personally for defamation of character, you would have to first establish that she made a false statement of fact that was not privileged, that she knew or should have known that the statement was false when she made it, and that it damaged your reputation.If the facts support what I just said, then you can sit down with a local personal injury attorney who handles non--physical injury torts to discuss whether or not it would be worth your time to file suit against this patient.
Licensed Attorney with 27 yrs. exp in Employment Law
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