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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11879
Experience:  Significant experience in all areas of employment law.
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Just terminated from my position as a LPN for 'inappropriate

Customer Question

Just terminated from my position as a LPN for 'inappropriate and/or umprofessional conduct including, but not limited to, violation of resident's rights' Resident refused to be changed. I believe this was the resident's 1st time to refuse care - but was soaking wet - and we have many residents who refuse care on a regular basis and are never-the-less changed. Resident is incontinent and at high risk for bed sores. She also refuses her oxygen which causes her oxygen level to fall and makes her confused.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and welcome. I am very sorry to hear you were let go. What is your question exactly? Are you asking whether it was illegal to terminate you under these circumstances? I very much look forward to helping you on this matter.

Customer: replied 1 year ago.
I want to know if it's illegal. Aso, 2 CNAs were also suspended for the same incident, but reinstated the next day. I was terminated 8 days later. We are all subject to provide the same level of care.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you.

Unfortunately, employment in the state of NJ 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.

Therefore, it would not violate any law to terminate you for the reason you descirbe. The fact that two CNAs were given lesser punishment would not change the answer, as your employer may have concluded they had a lesser level of culpability, but even if that is not the case, no law requires employers to be fair or to treat all employees the same.

So, I'm afraid the only recourse available to a person in your circumstance is likely to apply for unemployment benefits and move forward. 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.