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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21424
Experience:  20 years of experience practicing law.
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I am a contracted employee for a large medical company in Fla,

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I am a contracted employee for a large medical company in Fla, currently working in Denver. I was given a final written warning by my former PD(who resigned his position) at this facility about 2 weeks ago. In attendance was the area boss and a representative of the HR dept via phone. I have never clearly been informed of the PD's current responsibilities since resigning and assuming a PD position at another facility.
In the written warning I was sighted for a HIPAA breach of patient information with the recommendation to attend a review HIPAA course, which was completed. I was not given any penalty.
I was also sighted for 4 other failures to comply within my responsibilities all of which were false and subjectively written. I do have supportive documentation to justify my rebuttal.
I was not verbally notified or is there written documentation on my warning or on the HR web site that I had 7 days to respond. I responded in 10 calendar days/ or 7 business days if we account for holidays and days the company was closed. I was told my response would be placed in my file. I have resigned my position with a 2 week notice. A replacement was hired within hours of my resignation. Can I be terminated? Should I request copies of my HR file? Do I have an opportunity to dispute these allogiations? Finally should I report this to the next level of management? Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.
Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

Ok. So you resigned giving your 2 weeks notice and the company does not want you hanging around, correct? So instead of allowing you 2 weeks they made your resignation effective immediately. Is that what I am understanding happened here?
Customer: replied 1 year ago.

I resigned on my own.

Expert:  Samuel II replied 1 year ago.

Hello

 

Correct. But they have the right to make it effective immediately.

 

So in essence you are not Terminated. But you are resigned. They company just does not want you to hang around And there is nothing illegal with that.

 

I suggest that you may request in writing to get a copy of your Personnel file. However, since you resigned and it has been accepted, you no longer have any rights to dispute anything.

Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 21424
Experience: 20 years of experience practicing law.
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