Login|Contact Us
Question and Answer

Employment Law

Ask an Employment Law Question, Get an Answer ASAP!

  • Ask A Question
  • Browse Answers
  • Meet The Experts
  • How JustAnswer Works

If allegations were made against me for verbal abuse in a community

 
Marsha411JD's Avatar
  • Answered by:Marsha411JD
  • Lawyer
  • Positive Feedback: 98.4 %
  • Accepted Answers: 9677
Verified Expert
in Employment Law

Recent Feedback

Positive
Very sticky situation handled quite well by Marsha411JD. Answered what I need...
Positive
Thank you for clarifying. I appreciate understanding "legally" as opposed to...
Positive
I didn't much like the answers but that's not Marsha's fault, that the fault of...
Positive
She was fantastic! Very quick response and helpful!! Would recommend very much!!
Positive
Great Expert. Quick Consise answer
Positive
she gave me an accurate answer.
Positive
Thank you for the prompt response.
Positive
Not good news, but concise and easily understood.
Positive
Thanks for your help!!!

Customer Question

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?

 

Optional Information:
State/Country relating to question: South Carolina

Already Tried:
Nothing just trying to get Information on the situation

Submitted: 358 days and 12 hours ago.
Category: Employment Law
Value: $40
Status: CLOSED
Picture
Expert:  Marsha411JD replied 358 days and 11 hours ago.

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.

Please feel free to ask for clarification of my answer or a related follow up question simply by replying to my answer. That comes as a part of the service I provide in exchange for the fee you have agreed to pay for my services.

Customer replied 358 days and 11 hours ago.

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

Accepted Answer

Picture
Expert:  Marsha411JD replied 358 days and 11 hours ago.

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.

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 98.4 %
Accepts: 9677
Answered: 4/25/2012

Experience: Licensed Attorney with 27 yrs. exp in Employment Law

Ask this Expert a Question >
 
Tweet

9 Employment Lawyers are Online Right Now

Ask Your Question Now
Employment Law Questions Date Submitted
I worked for a co. that my friend owned for 11 years. Part 4/18/2013
Can my company (15 yrs service) cut my pay $5 hr and I still 4/18/2013
I have been a bookkeeper at a company for ten years. Four 4/18/2013
I got laid off 4/12/2012 from my job that I worked for 28 years, 4/18/2013
I was fired as the executive director of a community mental 4/18/2013
Do i qualify for unemployment from quitting my job after my 4/18/2013
I believe that I have been discriminated on for employment 4/18/2013
I am a nurse at a vascular surgeons practice in Texas where 4/18/2013
In brownsville texas - If an employee gets hurt outside work 4/18/2013
My husband was promoted to a VP position in September of 2011 4/18/2013
RSS
Next 10 >
Ask an Employment Lawyer
Type Your Employment Law Question Here...
characters left:

Top Employment Law Experts

See More Employment Lawyers

In The News

Nbc
Washington Post
New York Times
Cnn
Learn More

How It Works

  • Ask an Expert
  • Get a Professional Answer
  • Ask Followup Questions
  • 100% Satisfaction Guarantee
Learn More
 
 
 

Recent Articles in Employment Law

  • Employment Reference Check Laws
  • Paid Time Off Questions
  • On call Pay Questions
  • Medical Reimbursement Rules
  • Tuition Reimbursement
  • Reimbursement of Expenses
  • Job Transfer Laws
  • Workplace Retaliation Law
  • Telecommuting Laws
  • Voluntary Termination of Employment
All Employment Law Articles
 
 
 
close
Find Expert answers related to your question.
Sign up using email
We will never post anything without your permission.
Already have an account? Sign in

Ask an Employment Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.
147 Employment Lawyers are Online Now
Type Your Employment Law Question Here...
characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Truste
Contact Us | Terms of Service | Privacy & Security | About Us | Our Network
© 2003-2013 JustAnswer LLC
  • Pearl.com
  • JustAnswer UK
  • JustAnswer Germany
  • JustAnswer Spanish
  • JustAnswer Japan