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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11689
Experience:  Significant experience in all areas of employment law.
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I am being investigated and 'possibly' being accused/acting

Customer Question

I am being investigated and 'possibly' being accused/acting as an accompliance to tying up a resident in nursing home to chair. This is false by the way. I did not have the assignment or take care of him but nigh shift employees on that unit, myself, another nurse aide, and including a nurse is being accused, suspended and investigated. I was also told not to speak to anyone by admin but i called my nurse & asked why is nightshift being blamed for tying up a resident, she had no clue but the admin was very upset that I ask. Police are involved. Can i be fired, charged for something i didn't do? 1st shift found this person tied to a chair. I worked there 5 years with zero complaints. Now this happens and I cant tell them who did what because i don't know anything but im looked at as i did this or had some involvement of some sort. Can i rightfully sue if fired or for days i've missed?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. I am very sorry to hear about these false allegations.
While it is understandably tempting to want to go on the offensive here, there is no basis for doing so and nothing constructive can come of it. The reason is because employment in the state of Ohio is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true. So, you can lawfully be disciplined, suspended or even terminated based on this allegation even if you had no role in the events whatsoever.
Insofar as the criminal investigation is concerned, nobody has the right to be exempt from criminal investigations. So, all you can do is cooperate with the investigation or, better yet, retain an attorney to deal with the police on your behalf. If you played no role in this, I can't imagine them having enough evidence to warrant pressing charges, let alone to get a conviction.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.