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I was terminated from my job as a cna. I filed for unemployment. The company is denying it. I am appealing the decision. I have 5 letters from resident families, former resident, coworker and one power of attourney of a former resident. For my last write up was accusing me of giving medical advice and talking with family of his fathers diagnose with the med tech in the hall. Everyone was in bed and he (residents son) was asking questions concerning his dad (about poor treatment) not on my behalf but on the behalf of the facility failing to care for his dad by not getting perscriptions etc. on time. I loved his dad and took very good care of him and the family liked me a lot. I believe that the company has most likely sent him a legal letter telling him he shouldn't talk. As they sent me one saying I would be sorry.What are my standings in this matter?What else can I do to help my claim?
State/Country relating to Question: North Carolina Already Tried: I have gotten letters written by families of residents, stating that I was an honest caregiver and etc. I have a letter from a former co worker. Not only I WAs fired but 5 more after me. Even the coworker that told false things about me was terminated. I was only concerned about a residents diagnosis, the office staff would not tell us if his condition was contageous.He had solid blisters on the front and back of his legs spreading rapidly.I was the one that showered him.
<p>The only issue is whether you were fired for cause, or whether you were fired for convenience (laid off, restructured, ect).</p><p> </p><p>Your employer is stating that you were fired because of something you did wrong at work. Thsi would preclude benefits. </p><p> </p><p>Your argument is that your firing was part of a mass lay off, and the "cause" portion is not justified and is merely a pretext to avoid having to pay benefits.</p><p> </p><p>Your focus needs to be on whether there was a good cause to fire you, or whether you were just terminated for convenience. Letters saying you were a good CNA will not be that helpful. What you need is co-workers, etc, to say that you were not fired for cause, but for some other reason.</p>
Actually I was fired due to me knowing that medications were missing and when I reported it to the care coordinator she stated that..."what of it if someone took some pills out in their pockets, that they were just hurting themself". I also had her to state this to the Director and it was taken as no big deal. I know the reason they fired me was because I knew of medications being missing and no account for the reason. How could I use this?
<p>I don't know how much that info will help you in an unemployment benefits appeal.</p><p> </p><p>However, you might be able to make a retaliation case for wrongful termination. Retaliation for reporting an illegal or unsafe act is against the law. They cannot fire you for that. It would be the same as if you reported hazardous working conditions. They cannot retaliate against you for that.</p><p> </p><p>So, you might be able to file a lawsuit for wrongful termination based on retaliation (think whistleblower laws), but I don't think that info will help your unemployment case (because they will surely deny it). </p>
Of course they will deny it. So when working in health care we are supposed to keep our mouth shut and turn our heads on even ppl taking medications. They did fire me for their convience, right after this they fired 3 more on my shift. This is my last statement and i would pay you more if only i had a job. thanks
No problem. Like I said though, you do have potential recourse, through a wrongful termination suit. Please don't forget to accept (you have not done so yet). JPEsq40044.7397801273
Attorney
Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor