How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawHelpNow Your Own Question

LawHelpNow
LawHelpNow, Attorney/Lawyer
Category: Employment Law
Satisfied Customers: 7593
Experience:  Relax. Let's work together. Practical solutions.
6761470
Type Your Employment Law Question Here...
LawHelpNow is online now
A new question is answered every 9 seconds

I have been wrongly accused of an abuse & neglect allegation

Resolved Question:

I have been wrongly accused of an abuse & neglect allegation at a small agency who servces MH and DD clients. I am a caseworker who only started on this job in December 2012 and am graduating with a MS in NPO Mgt this year. The client I last saw sleeping died after my shift and I think the agency is going to try pinning this incident on me, while their were others who could have avoided the client overdosing this day, prior to my shift. Not only this, the person who found the client expired, did not find him until after an hour after he died--on her shift; and about a half hour after my shift was over. I was was asked to check on the client @3:00 am but went the extra mile and checked on him @4:00 am. I have been suspended without pay now for 3 weeks and the investigators have not given me anything in writing regarding the allegations, but want me to come out to the deceased client's apartment to "reenact my routine" now@3 weeks after the incident. The investigation is not weighing facts, evidence or proof. Concerned employees have let me know that the client died of an overdose, and expired @8:30am--4 hours after my shift. I was not told to wake the client or check on him after 3:00 am.
Submitted: 1 year ago.
Category: Employment Law
Expert:  LawHelpNow replied 1 year ago.

Hello Akasha,


My name isXXXXX a licensed attorney. Glad to try and help out.


Sure sorry for your circumstances, truly. My heart goes out to you.

I'm also a registered nurse, so I commend you being a conscientious professional.

Here's how this works, having read and carefully considered everything you're shared. You can (and certainly should) report your concerns, free of charge, to the U.S. Equal Employment Opportunity Commission (EEOC). Everything he needs is provided here (please just click the following link):

Filing A Charge

You deserve to be treated properly, and if you want to pursue the matter your next step is to file your complaint. This is an exclusive remedy, meaning you must follow this process first, rather than going directly to a lawsuit. You have more than enough solid reason to proceed here, in my estimation.

Now, here's why I say so. Your mention of being signaled out based on race brings up a serious legal issue called "disparate treatment". It's a form of unlawful discrimination, and the way it's remedied is by filing a charge as outlined above.

Now, if you do end up need to have your case screened on the merits by a plaintiffs' trial attorney, the good news is that process is also entirely free of charge to you. Should it come to that point, my very best recommendation would be to take advantage of the resources of the non-profit, American Bar Association accredited, National Board of Trial Advocacy Division of the National Board of Legal Specialty Certification. Here is a listing of all such Board Certified Civil Trial Advocates practicing in your jurisdiction (please just click the following link):


New Jersey

Please know that you deserve to be treated properly. I hope you see justice accomplished.


If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you and that things look much brighter down the road.


Take care,


Ben, J.D.

Customer: replied 1 year ago.

Ben I may not have worked long enough to present an EEOC claim, what do you think? I have worked there less than 45 days--and I have not completed my probationary period.


 


Also, I do not want to show up for the "reenactment." I put it off by going to a therapist to really calm myself down. I am taking this very hard because I am remission from cancer I was diagnosed with last year. And I am feeling terrible, being accused and my livelihood being threatened. So I am also wondering if the company can terminate me then press these allegations or substantiate them due to non-compliance.


 


I wanted to enlighten the agency of being able to deny their request, because of it unethical, and bearing on the Employee Conscientious Act--am I covered by this law?

Expert:  LawHelpNow replied 1 year ago.
Hello again Akasha,
Thanks for writing back...great to hear from you!
I can absolutely understand your very logical concern. I can hopefully provide some measure of peace of mind, as follows.
You absolutely can file a charge, without regard to the length of your employment. No worries there whatsoever.
I agree with you about the re-enactment, and in fact I would not show up for it, period, even absent your health concerns. The facility could terminate you either way, but going through with this event is not advisable in any case.
And yes, speaking generally, the New Jersey Conscientious Employee Protection Act has application here. However, in all candor it's not even required in cases such as yours. The details are found by clicking the following link, but the botXXXXX XXXXXne is that this law is designed to provide a remedy for disclosure situations where one didn't exist otherwise. Here, with a racial discrimination charge, you need not even turn to this law, although I can certainly understand where you would mention it.
N.J. Stat. § 34:19-1 et seq.
Hang in there, and please allow me to also wish you the very best in terms of your health.
Kind regards,
Ben, J.D.
Customer: replied 1 year ago.

Okay Ben. I thank you so much. I will make sure to list this on some correspondence I will be sending to the agency, the Dept of Disabilities Dept (Investigations unit) and the State Mental Health Dept. I have already typed everything up. But you state that I really should not go at this point--I am finding it hard to do so, because I really think they are setting me up.


 


I asked a friend to come with me to witness them (when they give me another appointment), but I would rather not go at all--I have them both a demonstration at the first interview meeting and two additional statements to address questions they did not ask during that interview.


 


This is the last time I will ask you for feedback, Ben--I just wanna be sure I am making a decision that I can live with. I also am online now to address the discrimination filing through EEOC although I have not had good luck with them in the past (like 20 years ago when I was a federal employee)...but I will try again. Thank you again for your feedback

Expert:  LawHelpNow replied 1 year ago.
Hi there Akasha,
You're quite welcome...my pleasure entirely!
And yes, you bet I see you side of things in wanting to go through with it. Bringing a witness is an incredibly smart move. Really, it's the best favor you could do for yourself, and I commend you for being proactive.
And concerning the charge filing process, you probably found it by now, but just in case and perhaps to save you some time, everything you need is provided here (please just click the following link):
Filing A Charge
Best regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Employment Law
Satisfied Customers: 7593
Experience: Relax. Let's work together. Practical solutions.
LawHelpNow and 2 other Employment Law Specialists are ready to help you
Expert:  LawHelpNow replied 1 year ago.
Hello Akasha,

I enjoyed working with you recently.

How are things going?

Is there anything else I can do to help?

Please just let me know.

Thanks!

Ben, J.D.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.