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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111605
Experience:  20+ Years of Employment Law Experience
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I was dismissed from previous job meeting nursing standards.

Customer Question

I was dismissed from previous job for not meeting nursing standards. Two weeks earlier my evaluation stated meets or exceeds standards. I was flagged for random drug screen and passed. Hr or administration has to drs and nurses I was fired for drug use. I found out several coworkers conspired to set this up. I became aware of the individual played part in firing. He called worked and stated he didn't feel safe. Without any proof put police officer in unit. I was also denied my pto. I'm in florida
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you have proof of your good evaluations and proof of your negative drug tests, your first step is to file a grievance with the employer IF they have a internal grievance process. If they do not have an internal process, your first step is filing for unemployment and you will have to file an appeal and go to the hearing and present your evidence, you absolutely should use an unemployment attorney on the appeal. Unemployment attorneys do not charge up front, they will charge a small percentage of the benefits you win, but it is worth it in the long run because if you make even a small mistake on an appeal hiring an attorney later may not fix the problem
The third thing is if you know who did this to you and filed the false claim, you have a right to sue them for defamation for making known false statements against you and seek damage against them personally.
As far as being paid your PTO, unless the employer has a policy to pay PTO on termination, under FL law it is not required for the employer to do so I am afraid. So that would be dependent upon your employer's policy and also proving that the reason for the termination was false or based on false information.
You need to take each of these actions if you want recourse.
Customer: replied 1 year ago.
Very helpful. Reinforced what I was thinking.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you very much.
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