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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37619
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am the person who asked you the other day about looking at

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I am the person who asked you the other day about looking at files from previous job. Feeling like I had been manipulated into resigning... If I should choose to talk to you and elaborate further on the issue, how would I go about that? Are you able to serve me like that?
Submitted: 11 months ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 11 months ago.
Thank you for your post and thank you for requesting me to assist you further.

If you wish to discuss this with me, I am here to help. What specifically can I answer for you?
Customer: replied 11 months ago.

I worked for a particular nursing home from Aug of 2012 until I left on May 30 2013. I was hired as the assistant director of nursing. I believe that I was bullied by the director of nursing and harassed. On May 30, I went in(on my day off) for an early morning meeting that was mandatory. I brought a tape recorder, thinking that I would tape the meeting, but never did. A lot led up to this, and I was not physically up to par. However, on that day, the director of nursing got all upset, accusing me of wanting to tape all she says, and "she wasn't going to tiptoe around me all the time". She and the administrator talked and then called me into the office. This was not the first time that the 2 of them lambasted me about something and accused me of wrongdoing. The administrator passed a paper across the desk and said, "this is what I wrote." Neither of them said we are terminating you because.... I was so distraught and feeling bad, that I hardly read the write up, and that is what I wanted to see in my file. Anyway, I wanted to resign instead of being terminated because I could only think of my reputation at the time.


Later that day and over the following days as I thought about things, I wished I had handled it differently, as I didn't do anything wrong.


The last thing the administrator said to me was, "Why did you do this? I thought we were friends." and I don't know what I did.


 


I have felt defeated and shot down for several months now. I would like to know if I have any recourse? I tried to talk to a lawyer here and the only answer I got was "You should have let them fire you", but I wasn't thinking clearly at the time.


 


Do you feel that I have any recourse in this matter? I can't seem to put it to rest. I just need an opinion as to what to do next.


 


Again, there is a lot more to it, and I have a lot documented.

Expert:  Dimitry K., Esq. replied 11 months ago.

Cathy,

Thank you for your follow-up. What, allegedly, did they ever accuse you of? I am a bit unclear here as to what they claimed you violated. Please advise.

Customer: replied 11 months ago.


That's the problem, I don't know. I was so emotional that I didn't read the write up closely enough, and neither one of them said anything specific.


 


The DON had been critical of me most of the time I was there. We would go to lunch together and she would spend the whole time telling me that I was not firm enough with the staff and I needed to speak louder to them or I would not get their respect. It got to the point that I quit going to lunch with her. She scrutinized me constantly. I started a journal about what was going on, and then in Feb. I went out for minor surgery. I forgot to bring the journal home, and while I was out she and the administrator went through my things, and found it and not only did they read my personal journal, but the DON made copies of it. My routine surgery ended up more serious, and I was in ICU on a vent. for 4 days, and then out of work 4 weeks longer than I anticipated. When I got back, I was lambasted by them about the journal. Then, they accused me of having some ulterior motive. I tried to tell them that I was just venting my feelings, but I was not allowed to say much. I was horrified that they would go through my things when I wasn't there.


 


Too much information? Basically, I do not know what they were accusing me of. I can't remember, and it is driving me nuts. Should I go confront them?


 


 

Expert:  Dimitry K., Esq. replied 11 months ago.

Cathy,

Thank you for your follow-up. Here is the thing--if you resigned on your own, unless you can claim that it was due to a pervasive and a hostile work environment, the choice to resign would be considered yours and nobody else's. That weakens any claims that the employer violated any sort of rights or obligations to you. A 'hostile work environment' is generally based on factors where you are unfairly treated due to your age, gender, race, religion, national origin, creed, or disability if any. But being pursued over what the employer sees as improper work ethic (even if wrong), is not really a hostile work environment UNLESS that behavior is brought on by the other factors that I listed. I honestly do not as yet see enough to pursue this, and while I can understand that this is driving you crazy, perhaps the best option here would be to consider simply letting this go if you can, and focusing on other opportunities going forward.

Good luck.

Customer: replied 11 months ago.


thank you for your imput. Will try to let it go.

Expert:  Dimitry K., Esq. replied 11 months ago.

Cathy,

You are most welcome. Please understand that I am solely going by your own information, so if you have other factors I would be happy to review them. But at least so far I do not quite see enough here for a suit.

Hope that helps, truly. I wish you the best.

Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 37619
Experience: Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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