Employment Law Questions? Ask an Employment Lawyer.
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My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:
You believe you were retaliated against by the employer for reporting the abusive conduct by your co-worker? What would you like to achieve under these circumstances?
I look forward to assisting you as soon as I have received this information. Thank you.
I just want to know if the abuse was ever reported. I want to know why that staff member is back in the house. I want to know if I have a lawsuit for being fired with never being written up. I had a review 2 months ago and they said I was the best emopylee and a month later reported abuse and 3 weeks later was fired. I not know why I was fired they left message on phone I was fired that's all he said.
Hello again, Jen, and thank you for clarifying your question for me. I certainly understand why you would have these questions and your concern for the safety of the patients is admirable.You may wish to report the abuse to the state authorities. In fact, doing that typically provides more legal protection against retaliation by an employer since employers are prohibited from terminating employees for reporting unlawful conduct, especially where it is in the interest of the public to do so. There is no way to know otherwise whether it was reported, and it probably was not.It is not unlawful for an employer to terminate an employee without first warning them since the employment at will doctrine permits employers and employees to terminate the employment relationship without good cause unfortunately.But given that your employer changed its attitude toward you 180 degrees after you reported the abuse, that is circumstantial evidence that you were retaliated against and could pursue lost wages and benefits due to a retaliatory discharge.It would be best for you to retain a local attorney to further evaluate your case and possibly pursue legal action against the employer for wrongful termination.Here is a link to an article posted by the MN bar association which provides more information on retaliation claims against employers:http://mnbenchbar.com/2011/11/employee-retaliation-claims/
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