How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask William B. Esq. Your Own Question

William B. Esq.
William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3265
Experience:  Civil litigation attorney for individuals and businesses.
71563194
Type Your Legal Question Here...
William B. Esq. is online now
A new question is answered every 9 seconds

My mother is in residential care. I was accused by one of her

Customer Question

My mother is in residential care. I was accused by one of her nurses of "pushing" her and she filed a criminal complaint against me for harassment. The allegation was dismissed by the police within 24 hours as I have a good reputation among the staff and administration of the nursing home. However, she apparently spread word among some of the staff about the fact that she filed a criminal complaint against me. Her conduct has created some duress among my family as the police officer investigating her allegation left a voice mail on my home phone which my wife, who is currently battling cancer, heard. I made a formal complaint about this nurse's conduct to the nursing home and she was given a week off work while they investigated my complaint. I am due to meet with these administrators tomorrow morning. Do I have grounds to file a civil complaint against the nurse for filing a false criminal complaint against me? Do I have the right to request that the nurse be terminated because of my belief that she can no longer be counted on to deliver quality care to my mother?
Submitted: 1 year ago.
Category: Legal
Expert:  William B. Esq. replied 1 year ago.

William B. Esq. :

Dear Customer thank you for choosing Just Answer, I would like to assist you today.

William B. Esq. :

I am sorry to learn of this unfortunate set of circumstances, and I am happy to learn that the allegations were dealt with quickly. Given the public policies strongly favoring reporting elder abuse (and crimes in general), it is unlikely that you can pursue a civil complaint against this individual unless you can show that she did so out of malice or for some other purpose. (I do not know if this is the case or not, but the bar for a civil complaint like this is very high).

William B. Esq. :

Regarding having this individual terminated from her position. You have no independent legal right to have her terminated. Your mother is receiving a service being provided by this care home, and if you are dissatisfied with their care or their staff, you may go elsewhere. With that being said, as a consumer with the ability to either praise or discredit their services, they will likely take great efforts to satisfy your demands for an environment free from discredited claims. The center does have an obligation to thoroughly investigate the matter, and must ensure that employees have the freedom to bring a true abuse case to their attention without the threat of retribution, but at the same time this does not give individuals an unfettered right to call the police with baseless allegations.

William B. Esq. :

I hope that my answer was of assistance to you. My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Please remember to rate my service once you have all the information you need. Thank you for your business!

William B. Esq., Attorney
Category: Legal
Satisfied Customers: 3265
Experience: Civil litigation attorney for individuals and businesses.
William B. Esq. and 4 other Legal Specialists are ready to help you
Expert:  William B. Esq. replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

Thank you for choosing Just Answer. I was just notified that my posts from earlier today did not go out as I published them. With regard to your question, in the event you did not receive my answer, I am providing the same information below.

The individual likely has very strong protections against any civil suit. The public policy to encourage individuals to report criminal activity (not just elder abuse) are very strong, and absent a proven motive to use the criminal report for some ulterior purpose, it is unlikely that you would succeed on any civil claim.

With regard to the business. The business has no obligation to fire or retain this person on staff. They do have customers that they would benefit from keeping happy (including you and your mother). The facility's position should be one of customer service as it deals with you. Similarly to the public policy, the home does want to ensure that valid claims of elder abuse are reported without fear of retribution, but this does not mean that it has to allow unfounded claims such as this be made without penalties. This is likely why the facility took a week long investigation into this matter.

I apologize for the inconvenience, please do not hesitate to follow up. Once I was able to fully answer your question, please do not forget to rate my service.
Customer: replied 1 year ago.


Hi Bill, Thank you for your response. I realized, after reading your reply, that I had not been sufficiently clear in my initial question. The nurse did not allege that I pushed my mother, the nurse alleged that I had pushed her. (This nurse has had a running issue with my entire family. My sister and wife have had unpleasant encounters with her prior to her making this allegation against me.). Regardless of this point, I take to heart your response and assume that your opinion would be unchanged by this one difference in the facts. Thank you for taking time to reply to my concern. Best regards.

Expert:  William B. Esq. replied 1 year ago.
Dear Customer,

You are correct the analysis does not change very much (it actually improves the calculation for her being terminated, in your favor slightly as the lack of elder abuse issues for the home makes the decision to discipline this employee much easier, although they still have to worry about balancing it is less of a critical/statutory issue).

Thank you for the kind rating, and I do wish you the very best of luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions