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Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3911
Experience:  Contracts, Wrongful termination and discrimination
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I have been a nursing assistant for 3 years, have never had

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I have been a nursing assistant for 3 years, have never had a patient complaint, untill Nov 30, a patient reported that I was verbally rude to her and I was terminated. We are represented by a union, I don't recall saying anything of the nature, does this sound fair to you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for question. I'm very sorry to hear about your situation.

Whether or not your employer may terminate you for cause based on the patient's report depends on whether there is any truth to the patient's underlying report.

You stated that you apologized for any misunderstanding, but if you did not deny the facts on which the complaint is based, it could constitute cause.

However, since you are represented by a Union, there might be some terms of the union negotiated group employment agreement that provides you with more rights. You need to contact your union representative to find out if there are more rights that you should have been afforded before being terminated.

Tell me more about what happened when they told you that you were terminated?
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 3911
Experience: Contracts, Wrongful termination and discrimination
Zachary and 8 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.


There was nothing more that I could say, HR, gave me information in regards XXXXX XXXXX cobra benefits, my rep and I stepped outside the door and she explained that she had 5 days to send this to arbitration, I do not recall saying anything rude to the patient and there were noone else in the room to witness anything, management took her word over mine


 

Expert:  Zachary replied 1 year ago.
Arbitration? That's good. You need to follow up on that. Arbitration might be the way that you can get the termination reversed. Call your union rep and ask them what procedures you need to follow to start the arbitration process.

At the arbitration you need to deny that you did anything rude and insist that this was not cause for termination.

-ZDN
Customer: replied 1 year ago.

If Hr insists on termination, do you feel I have a case

Expert:  Zachary replied 1 year ago.
If there is an arbitration procedure available to you, then you must exhaust it and that is going to be the best avenue for you to try and get your job back.

As far as whether you should pursue a case like this in court, I would not advise you too. When it comes down to being a "he said, she said" issue, court is often too expensive to take the risk of losing (which in a case like that is a 50% chance).

Without having an opportunity to look at the union contract, I can't tell you for sure that you shouldn't go to court though.

After you go through the arbitration, if they do not reinstate you, you should get ahold of the contract and take it to a local employment law attorney to consult with and see if they think its worth the cost to pursue the case.

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