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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 17522
Experience:  B.A.; M.B.A.; J.D.
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Someone signed on as me at the hospital I worked 8 years,

Customer Question

Someone signed on as me at the hospital I worked for almost 8 years, stole what I had created on my computer desktop for doctor transcription which I was beginning to create software out of, all my icons disappeared one day and then this one person at work supposedly created what was on my desktop which disappeared. I kept getting the message you are already signed and cannot sign on twice when I called IT dept, and someone flashed on my computer screen how they signed on as me. I never signed on that way, and anyone could see our login info which was posted on the bulletin board which I informed the new Manager and then Director after the others left or were forced out. I told her of this and that I would get an attorney and they would have to cease and desist using what was stolen, and the person who supposedly created it got promoted, I got set up and fired for not transcribing what deliberately was assigned to me by contractors, the person I believe signed on as me, and anyone else to affect my job, and then, I was avoiding the not supposed to be assigned work as the system was only supposed to be assigning jobs in order.
Human Resources has no letter or information as to why I was fired that day with no warning, there was another co-worker, witness, myself, the New director, and the in my opinion the thief now promoted to lead who orchestrated all of this, did all kind of stuff to get the other lead out, and get what she wanted. They are still using what I created years ago at other hospitals, and for myself and to begin to sell to the hospital I was working for at this time for the doctors to use, and I was asked by the previous manager to create something for the hospital during my review.
I filed for unemployment and have been out of a job for 10 months now. They have been disputing the unemployment. They stated they fired me for misconduct, the judges/unemployment dept said there was none and they would have to prove misconduct or I was entitled to unemployment. Now they have made a motion to change the reason they fired me and are stating I fell asleep 3 times on the 4:00 pm to 12:30 pm shift I had to work alone. I was sick the night in question had food poisoning, was vomiting, dizzy and could not work for a couple of hours, the Dr. always knew when I was going to lunch. there were no calls for priority. I could have called the new director at 1:30 in the morning at home/paged her chose not to, emailed I was sick, but they are trying to say I fell asleep. They were informed also, email that a couple of hours later when I could sit up and stopped vomiting I finished all ER reports off the clock.
They are now saying I fell asleep 3 times and as I stated want to change the reason, I was fired. They sent me a letter with signatures from 6 board members, I assume from the hospital agreeing they should be able to change the reason, and are trying to have me pay them back the unemployment and the judge agreed thinking I fell asleep 3 times.
Can they continue to lie and change what they did, and the deliberate lying manipulation and get away with this. They have smeared my name, and I am sure it is showing up in the computer somewhere as I applied for a tech job at a hospital I once worked at and have a friend who is a manager who even referred me sine I worked with him at another hospital, and they did not offer me the EKG tech position or even call me back, send a letter or other.
This is preventing me from further employment opportunities probably based on their lying, maliciousness, and stealing.
I have proof of the same person who supposedly created my formats for the doctors on a DVD showing her signing into a report I had completed one day she was working same time I was , it was in the doctor's queue waiting to be signed, and she was going to change it to her name/report, I happened to see her doing this on line when I looked at my report, and called her. She stated she needed a part of my report for another doctor? That is not allowed, there was a drop down menu which states the report is already transcribed by another person, showing who, and the procedure is to call the doctor who dictated the report a second time and notify him it is already transcribed/dictated by another doctor.
Please advised your answer and if I can get a phone number for Labor Relations and if they would be able to help me or how to get a public defender of some type as I have no money left, and cannot even pay all bills with the little bit of social security I am getting.
I am now 71, began working for Silver Cross Hospital as a medical transcriptionist when I was 60 something, and now am up again age discrimination in hospitals and background checks, and probably something showing up I was terminated.
thank you
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
Is the answer going to take much longer than 10 minutes, wondering if I need to sit by the computer or can go do something else, and if I have questions regarding the answer is there a phone number to contact someone for answers anytime?thanks
Expert:  Phillips Esq. replied 1 year ago.

I am sorry to read about your difficulties.

If the deadline for an appeal has not passed, you need to file an appeal from the Judge's ruling allowing your former employer to change the reason for your termination and grant the employer's petition to deny you unemployment benefits and to repay the employer for the benefits that you previously received. If the Appellate Panel rules against you, then you need to consider filing for Chapter 7 bankruptcy protection to wipe out the allegedly unemployment benefits overpayment.

As for the delay to your response, kindly note that I am only a site user just like you and as such I have no control over the Question List and when questions are answered. I only answer questions when I see them on the Question List and can answer the questions. In any event, I do apologize if the site did not meet its promised response time.

Thank you for your understanding,