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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 112674
Experience:  20+ Years of Employment Law Experience
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I recently voiced some concerns about the facility with

Customer Question

I recently voiced some concerns about the facility with possible unethical behavior during the process of D/C patients. Few days later, I received a written warning regarding to my performance. Whatever listed in the letter are untrue and biased facts. I believe it is a retaliation and I am afraid to go back to work. what should I do?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months 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.
You need to go back to work, first and foremost. Second, you need to write a letter to the employer to put them on notice that you have never had "performance issues" prior to bringing up your ethical concerns to management as you have a duty to do and that you are giving them notice that you are now being retaliated against for following the law and bringing these concerns to the employer.
You also need to focus in your letter in response to their allegations on the facts and point out each fact you claim is false and provide evidence to them of how the fact is false.
Once you have put the employer on notice in writing, not email, but a letter to HR and the President and VP as well, then if the retaliation continues, your next step is a complaint to the EEOC, since you have documented your ethical complaints and have also notified the employer you are being harassed and retaliated against for raising those concerns and the retaliation continues. The EEOC will investigate and has to grant you a right to sue letter in order to go to court.
Quitting your job or not showing up to work would hurt your case. If you do not go to work, they can have good cause to terminate you and you would not have any recourse. If you quit before trying to resolve the matter through the administrative process available, including internal and the EEOC, then this too can hurt any case you may have as it would show you did not take any steps to try to resolve the matter.
If you cannot get the employer to stop and you go to the EEOC and they give you a right to sue letter, then you can pursue the employer in court for hostile work environment and retaliation and their continued conduct towards you is what strengthens your case and makes it more valuable.
Customer: replied 10 months ago.
I feel so stressed just thinking of going back to work. I don't feel safe or be able to function normally. Should I request a leave or just resign?
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
If you have vacation or sick time, take a couple of days off, but you need to calm yourself because simply quitting or resigning could significantly damage any legal case you may have. If you cannot do so and are not worried about legal action against the employer, then resignation would be the best option.
Customer: replied 10 months ago.
I am thinking writing a letter to VP HR and then quit. I just don't want to have the warning record in my file. Is it going to affect my future employment at other place if I find a job somewhere else? Should I also call the state to express my concern?Thanks.
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your reply.
You can call the state and report any ethical violations if you want. I would consider more sticking around this employer until you find something else, but that choice is yours as well if you are not comfortable only you can make that call. However, in the scheme of things in the employment world a warning about performance is not the end of the world in employment. People get warned about things all the time, it does not cause them to be denied employment in most cases.