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John
John, Attorney
Category: Legal
Satisfied Customers: 4539
Experience:  Licensed and practicing attorney.
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I was wrongfully terminated from a longterm skilled nursing

Customer Question

I was wrongfully terminated from a longterm skilled nursing home on Jan 15-2013.I was a very good and kind caregiver.My residents and their families loved me.The DON we had at the time was a known lier and made up things just because she could.I finally had arbitration hearing on Jan 30-2015.Recieved a decision on May 22 or thereabouts.I had a lobby full of people to testify for me ,but after # ***** of the former DON rattling on only # ***** my people were askked a select few questions.I am positive that this arbitrator would have understood better if he had heard more about the good I had done while employed there. I feel he would have awarded me my back pay and benefits if he had heard the WHOLE story not just what ex-don had to say.Is there anything I can do now?Losing the monetary part is a true hardship to my husband and me.
Submitted: 1 year ago.
Category: Legal
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about this.
I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union? Do you think the manager who terminated you had an ulterior motive in terminating you, perhaps your age, race, gender, disability or religious beliefs? What was her "wrongful" motive?
Customer: replied 1 year ago.
I am In a union and my "Rep Specialist 'didn't do anything for me. The. DON talked for almost 3hours explaining every violation known to man even if it didn't apply and my entire lobby full of witnesses were sent home without being heard
The arbitrator didn't have all the facts amd the Dept will not appeal his wtong determination.
Customer: replied 1 year ago.
The DON And Administrator who fired me dismot like me because I stood up for myself and others, amd I was chapter chair in-house union.
Customer: replied 1 year ago.
She also didn't like that I advocated for the residents. This goes om and on.writing me up for stupid things that should have never been in my file to begin with.
Expert:  John replied 1 year ago.
First you have little to no chance of success on appealing an arbitrator's award generally. The policy is to enforce them absent fraud, abuse, or clear prejudice. In practice it is next to impossible to overturn an arbitrator's award.
Second you perhaps had a chance to claim an unfair labor practice by terminating your for union involvement. But the problem there is that you would have had to file that charge within 6 months of the date of the termination. Your case was not handled properly by your union at all - termination cases she be heard in less than 6 months as a matter of practice for this very reason. Really you've had your time to bring any type of claim exhausted by this time.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

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