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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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If you are accused of verbal abuse what is staute of

Customer Question

if you are accused of verbal abuse what is staute of limitations to file a report by employers accusing you but have not talked to employer yet was accused on the 18th of january
Submitted: 10 months ago.
Category: Legal
Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

What type of verbal abuse are you referring to -- sexual harassment, threats, etc.?

Customer: replied 10 months ago.
I went into work and was just cussing in general not at residents just complaining to myself but residents were in area this was before jan 18th should I take attorney in to speak with my employer asking for meeting on thurs of this week
Customer: replied 10 months ago.
2nd shift nurse reported me but never verbally abused any residents is it still considered abuse if they were sitting in common area and heard me
Expert:  Roger replied 10 months ago.

Ok. Thanks.

If this was not a harassment/threat situation, then you'd be looking at a civil issue -- and not a criminal one. That said, the statute of limitations for the employer to take action can be years.....so you're well within the timeframe that something could be done.

So, you're likely best served to consult a lawyer and discuss what occurred -- at the least -- and decide whether or not th lawyer should accompany you to the meeting or not.

Customer: replied 10 months ago.
what im asking is how long they have to file a report and can they come after me for verbal charges if they haven't talked to me personally and just have statements from aides and second shift nurse
Customer: replied 10 months ago.
would appreciate a response
Expert:  Roger replied 10 months ago.

If your employer has policies and procedures about reporting issues and dealing with grievances, that would set your parameters for how long the employer would have to take action.

Expert:  Roger replied 10 months ago.

Also, the employer would have the ability to pursue this internally with a statement from others.....unless the policies and procedures provide something else.

Expert:  Roger replied 10 months ago.

Thus, much of how this will occur and unfold depends on what the company policies require.