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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31985
Experience:  JD, BBA, recognized by ABA for excellence.
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I worked for a foster car home with DD people. I felt another

Customer Question

I worked for a foster car home with DD people. I felt another co worker was verbal abusing clients and turn It in the company said they would look into it. A month later they left a voice mail saying I was fired and not she is back in the house working. How do I no if they did anything?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

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.

Customer: replied 1 year ago.


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.

Expert:  Tina replied 1 year ago.

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/

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 31985
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 5 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10). It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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