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I work in a retirement community and was terminated for, not appropriately monitoring residents. My department manager says I went out of the bilding when other staff member was on brake. I told the staf member that I was going uot for a smoke brake, that if she needed me call my cell phone. That staff member was ok with that and did not inform me she was on brake. What action can I take if any. Thank you, Cathy

Submitted: 51 days and 19 hours ago.
Category: Legal
Value: $38
Status: AWAITING CUSTOMER ACTION
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Did not sign the disciplinary action papper. Also I have spoke with the personal office to have a interview with department head.

Posted by Attorney Wayne 51 days and 19 hours ago.

Info Request

Hi Cathy. So sorry to hear of this. Losing a job is bad enough, but as a result of this kind of misunderstanding, that is certainly painful.

Did your colleague affirm your story when speaking with management? Or did she tell a different story?

51 days and 19 hours ago.

Reply

I am unshure what the other staff member stated. my manager refused to call her in the office to clear any quistions up.

Posted by Attorney Wayne 51 days and 19 hours ago.

Info Request

Thanks for the quick response.

In general, unless there is a stated policy or a written agreement to the contrary, employment in the United States is "at will" -- which means the worker and the employer can end the arrangement at any time, for any reason, or for no reason at all. But there are some things that can create certain limited protections.

You are in the US, yes? If so, what state?


Edited by Attorney Wayne on 10/1/2009 at 2:23 PM

51 days and 19 hours ago.

Reply

Florida

Posted by Attorney Wayne 51 days and 18 hours ago.

Info Request

Thanks, again.

The retirement community's employee handbook may have a discipline policy. It would be good to look closely at it to see if the policies were properly carried out. If not, you could ask -- and perhaps hire a lawyer to help you.

There may be other factors, including various forms of discrimination (race, sex, age, if over 40, eg) but you would be best served to bring any information to a local lawyer in your area to discuss those possibilities.

Additionally, you may want to try to find out what your colleague said -- and put together any evidence helpful to you; for instance, were there any email communications or other provable communications with her about the break to ensure coverage?

Even if you ultimately decide the job itself is not worth fighting for, it is important to try to get the employer not to list this as a firing for "cause" (in this case, dereliction of duty). If there's good cause, then you could be denied unemployment insurance.

You should also try to negotiate a favorable letter of reference.

Ultimately, its hard to fight alone if the company digs in. For that reason, I do recommend consulting an employment attorney in your area. A good way to find one is to ask first any lawyers you know (even if not doing employment law) whom they would see if they had a similar problem. You might also ask friends, coworkers or neighbors if they've had good experiences with lawyers who have experience in employment law.

If these steps do not work, you might also try a database many lawyers use: http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

You enter your city, state and the kind of lawyer you need (employment), and the director will provide a list with ratings. The ratings are not perfect, but they are a good starting point.

I do suggest interviewing more than a single lawyer, unless you have good references from people you trust -- and focus on (1) your comfort with that lawyer and (2) how much experience he or she has in cases like yours. Experience is a big plus.

Finally, if you can't afford a lawyer, you can find free or reduced fee legal service agencies either at the interactive website run by the American Bar Association, where you point at your state on the map, click, and a list of services pops up.

www.abanet.org/legalservices/probono/directory.html

Also, for Florida, another nonprofit website provides information on free or reduced fee legal services:
hhttp://www.floridalawhelp.org/FL/StateSubTop ics.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/605/sTopicImage/g-work.gif/bAllState/0/County/%20/City/%20/demoMode/%3D%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/changelocation/1

I wish you all the best as you seek to resolve this matter. Sincerely, XXXXXXXX XXXXX.

Posted by Attorney Wayne 51 days and 18 hours ago.

Answer

Thanks, again.

The retirement community's employee handbook may have a discipline policy. It would be good to look closely at it to see if the policies were properly carried out. If not, you could ask -- and perhaps hire a lawyer to help you.

There may be other factors, including various forms of discrimination (race, sex, age, if over 40, eg) but you would be best served to bring any information to a local lawyer in your area to discuss those possibilities.

Additionally, you may want to try to find out what your colleague said -- and put together any evidence helpful to you; for instance, were there any email communications or other provable communications with her about the break to ensure coverage?

Even if you ultimately decide the job itself is not worth fighting for, it is important to try to get the employer not to list this as a firing for "cause" (in this case, dereliction of duty). If there's good cause, then you could be denied unemployment insurance.

You should also try to negotiate a favorable letter of reference.

Ultimately, its hard to fight alone if the company digs in. For that reason, I do recommend consulting an employment attorney in your area. A good way to find one is to ask first any lawyers you know (even if not doing employment law) whom they would see if they had a similar problem. You might also ask friends, coworkers or neighbors if they've had good experiences with lawyers who have experience in employment law.

If these steps do not work, you might also try a database many lawyers use: http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

You enter your city, state and the kind of lawyer you need (employment), and the director will provide a list with ratings. The ratings are not perfect, but they are a good starting point.

I do suggest interviewing more than a single lawyer, unless you have good references from people you trust -- and focus on (1) your comfort with that lawyer and (2) how much experience he or she has in cases like yours. Experience is a big plus.

Finally, if you can't afford a lawyer, you can find free or reduced fee legal service agencies either at the interactive website run by the American Bar Association, where you point at your state on the map, click, and a list of services pops up.

www.abanet.org/legalservices/probono/directory.html

Also, for Florida, another nonprofit website provides information on free or reduced fee legal services:
hhttp://www.floridalawhelp.org/FL /StateSubTopics.cfm/County/%20/City/%20/demoMode/=%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/605/sTopicImage/g-work.gif/bAllState/0/County/%20/City/%20/demoMode/%3D%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/changelocation/1

I wish you all the best as you seek to resolve this matter. Sincerely, XXXXXXXX XXXXX.

Answer

Thanks, again.

The retirement community's employee handbook may have a discipline policy. It would be good to look closely at it to see if the policies were properly carried out. If not, you could ask -- and perhaps hire a lawyer to help you.

There may be other factors, including various forms of discrimination (race, sex, age, if over 40, eg) but you would be best served to bring any information to a local lawyer in your area to discuss those possibilities.

Additionally, you may want to try to find out what your colleague said -- and put together any evidence helpful to you; for instance, were there any email communications or other provable communications with her about the break to ensure coverage?

Even if you ultimately decide the job itself is not worth fighting for, it is important to try to get the employer not to list this as a firing for "cause" (in this case, dereliction of duty). If there's good cause, then you could be denied unemployment insurance.

You should also try to negotiate a favorable letter of reference.

Ultimately, its hard to fight alone if the company digs in. For that reason, I do recommend consulting an employment attorney in your area. A good way to find one is to ask first any lawyers you know (even if not doing employment law) whom they would see if they had a similar problem. You might also ask friends, coworkers or neighbors if they've had good experiences with lawyers who have experience in employment law.

If these steps do not work, you might also try a database many lawyers use: http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

You enter your city, state and the kind of lawyer you need (employment), and the director will provide a list with ratings. The ratings are not perfect, but they are a good starting point.

I do suggest interviewing more than a single lawyer, unless you have good references from people you trust -- and focus on (1) your comfort with that lawyer and (2) how much experience he or she has in cases like yours. Experience is a big plus.

Finally, if you can't afford a lawyer, you can find free or reduced fee legal service agencies either at the interactive website run by the American Bar Association, where you point at your state on the map, click, and a list of services pops up.

www.abanet.org/legalservices/probono/directory.html

Also, for Florida, another nonprofit website provides information on free or reduced fee legal services:
hhttp://www.floridalawhelp.org/FL /StateSubTopics.cfm/County/%20/City/%20/demoMode/ =%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/iTopicID/605/sTopicImage/g-work.gif/bAllState/0/County/%20/City/%20/demoMode/%3D%201/Language/1/State/FL/TextOnly/N/ZipCode/%20/LoggedIn/0/changelocation/1

I wish you all the best as you seek to resolve this matter. Sincerely, XXXXXXXX XXXXX.

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Expert: Attorney Wayne
Pos. Feedback: 100.0 %
Accepts: 
Answered: 10/1/2009

Attorney

Practicing law since 2000.

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