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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12920
Experience:  Significant experience in all areas of employment law.
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I was terminated from my job as a CNA/medication aide

Customer Question

I was terminated from my job as a CNA/medication aide because I was accused of stealing some narcotics in which I didn't take. Now this accusation has gone against my CNA license in which I am unable to work in the healthcare field.
I was wondering do I have a case?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, no legal cause of action would typically arise from these facts, even if you could prove the allegation was false. This is so because employers generally retain the freedom to terminate employees based on false allegations, since employment is "at will" absent an express agreement to the contrary. As for the complaint to the nursing board, complaints to administrative agencies like this are legally protected and immune from any legal cause of action for defamation. There is a strong public policy interest in protecting such complaints, as if the complaining party could be sued every time the subject nurse disagreed with the allegation it would deter anyone from ever reporting a nurse to the board, as they would risk personal liability.

Your remedy in this circumstance is to oppose any adverse action against your license through your hearing with the nursing board. You would not typically have any other legal recourse of claims in this circumstance, as unforutnate as that is and as much as I wish I could tell you otherwise.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

Expert:  Patrick, Esq. replied 1 year ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.