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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20067
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I am a medical assistant and an EMT i have worked with my

Customer Question

I am a medical assistant and an EMT i have worked with my employer for 4 years and was recently offered a position as an EMT at a hospital better pay and benefits. if require a three week training. I tried to get off the training but was told it was mandatory by my new employer. I went to my current employer the day I found out and explain I needed the time off. My new employment could be full time or part-time, they have yet to inform me. the main doctor at the practice was away so i spoke to his partner who assure me that was not a problem. 10 days later i see my direct deposit has been cancel i call the office manager who refuses to answer my call but text me telling i will not be getting my check because the doctor is holding it with no explanation. i call the dept of labor they tell me it is against the law for him to hold my check i text the office and reach out to the doctors finally at 4pm i am left a check at the front desk with deductions of time accrued. I never got a call or an explanation. I reach out to the doctor for a sit down meeting after reaching out to him a number of times he agrees to a meeting between himself the office manager and myself where he tells me he thought i was not going to return to work that I had abandon my job then he says he has to think what he is going to do with me. I tell him its ok i don't think I can return to work after such treatment and that if he had questions he should of reach out to me. i leave and 2 days later he text me telling me if i don't return to work I am terminated with cause. and that I abandon my job. I don't want to go back but i want to clear my name.
Submitted: 7 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 7 months ago.

Hello,

Thank you for the information, however, I am unclear on exactly what you mean by "clear your name." If you are asking if the employer can be forced to change their opinion of the facts, then the answer is, no. However, there are a few circumstances where this conflict in perception of the facts and who was responsible for the ending of your employment, might create a legal issue.

The first is if you were to need to file for unemployment benefits. If you were denied benefits because the employer says you abandoned your job or voluntarily quit, then you could appeal that determination and then both you and your employer would have an opportunity to present your side of the facts and let an administrative law judge decide what they believe the correct legal conclusion would be. I can't guess how that would turn out without having all of the facts, including those from the employer's perspective. But, that would be your option in that case.

The other issue is if your former employer were to respond to a request for information about your employment by a prospective employer. If they told them that you abandoned your job, and that cost you a job offer, then you could, if you choose, file suit for defamation of character. The former employer would have to present facts that supported job abandonment or they could be held liable.

But again, just making this decision because that it his opinion is not something you can force him to change. You can only react to one of the issues I mentioned above in the ways I mentioned. If you can convince the triers of fact that you had permission to be off and did not abandon your job, then you will prevail.

Please feel free to ask for clarification if needed. If none is needed, the if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today.

Expert:  Marsha411JD replied 7 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the the 31st. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit(paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.