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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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I was employed County ran EMS service. I was recently

Customer Question

I was employed for a County ran EMS service. I was recently terminated for my part in informing the community of the county commissioners intentions to make detrimental changes to EMS. There were several people involved in the production of a letter that was given to a member of the community. This person posted the letter and made the proposed actions of the commissioners public knowledge. I was terminated out of retaliation. None of the other involved parties were disciplined, it's been brought to my attention the the service director even went to the commissioners on their behalf.
Prior to this I had attempted to file a hostile work environment grievance against two of my co-workers. The service director denied my right to file this grievance, stating that she didn't want the problem getting back to the commissioners, and that she would deal with the situation. No disciplinary actions or documentation of the events were administered to the involved parties.
I feel like I was unjustly terminated, and that the termination was direct retalliation instead of a disciplionary action. I am thinking that I should be protected by the "whistle blowers act".
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

The whistle blower's act is a bit limited as far as scope. Generally it protects employees when they report illegal or improper behavior (not simply confidential information) and expand protection when the employee contacts agencies or governmental entities to expose the information. If the information you exposed was not in any way illegal or improper I really do not see how you would be protected under the act. You may claim 'wrongful termination' with the EEOC if you feel they had no good cause to terminate, but I am not quite seeing this as enough to be protected as a whistleblower, at least as far as going by the facts you provided.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Ok...do I have anything to stand on? Honestly I know I don't have much to stand on. But I was denied pernission to file for a hostile work environment....and fired shortly after
Expert:  Dimitry K., Esq. replied 1 year ago.

Hi,

Who denied your filing?

Customer: replied 1 year ago.
Wrongful termination? My problem is Kansas is an at will state
Expert:  Dimitry K., Esq. replied 1 year ago.

Even in an 'at will' state wrongful termination can still exist. For something to be deemed 'wrongful' it must violate state or federal law. A termination based on factors such as gender, race, age (if 40 or older), national origin, creed, sexual orientation, or disability if any may still create a basis for a successful suit. And on that basis if any of those factors exist you can potentially claim a hostile work environment.

Sincerely,

Dimitry, Esq.

Customer: replied 1 year ago.
Thank you for the info, it really seems like I have no grounds for legal recourse.
Expert:  Dimitry K., Esq. replied 1 year ago.

You are most welcome, truly. I am sorry if that is the case--I am just trying to give you as much information as I can, but at times that might not be enough. Please let me know if I can help clarify anything else.

Sincerely,

Dimitry, Esq.