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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 57339
Experience:  Licensed attorney helping employers and employees.
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I was terminated June 7 fro Cybertex Instuuite of

Customer Question

Greetings: I was terminated June 7 fro Cybertex Instuuite of Technology , Austin tex, whwere I taught at a nursing college. I have always had excelent reviews and evaluations. I was accused of various slanderous events, cultural insensitivity, improper touching of a student etc. I KNOW NONE OF THESE ACUSATIONS ARE TRUE , BUT I CANT PROVE WHAT DIDNT HAPPEN. I WAS CONFIDENT THAT I EXPRESSED MYSELF WELL ON THE PHONE CONVERSATION SO I WAS WAS SHOCKED TO GET THE DECLINE LETTER. MY EMAIL IS ***@******.***. Of course they decline to pay benefits. Aug 3 Per phone conversation I appealed, Yesterday I was informed of the appeal decision NOT to pay benefits. I intend to appeal again. I was shocked at the WFT decision!! Is there a way I can get more information. I truly think this was a VERY wrong decision .
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.


Expert:  Infolawyer replied 1 year ago.

what can I answer for you about the termination?

Customer: replied 1 year ago.
I am familiar with "right to work" laws, but surly they cannot justify slanderous acusations toward termination. I teach at nutsing college, this will seriously damage my employment possibility. yet once fired I cannot defend acusations. and not eligible for unemployment benefits!! I have contacted lawyer, but always same story, need four grand and deep pockets on employer to proceed . ANY other options,?
Customer: replied 1 year ago.
July 22, 2016Randall Wittman *****
North Richland Hills, Tx 76117 (###) ###-#### ***@******.***Greetings;
I was employed at Cybertex Institute of Technology for about one year and four months. My last day was June 7, 2016. During my employment as a nursing instructor I always put far more than 100% effort into my employment. Although my pay schedule was a 40 hour week, my routine days were from 7:00 am to 5:30 pm. During my time at Cybertex I took no sick pay nor any vacation time. This can be verified by Federal Wage and Labor audit of my clock work schedule. This extra effort was used to develop the best classes possible. Additional time was also used to teach the classes of instructors who had previously walked off the job. Presently, I teach and tutor during absences of other instructors. Primarily, this was out of dedication to my employment and consideration of the students.June 7th, after all the grades for the session had been recorded, I was informed that I was being terminated and provided paperwork to sign. I was very surprised at this since no indications were present. I was complimented on my contribution as a good instructor and informed by Robin Wilson, Moody and Ali Azam that in no way would my unemployment benefits be encumbered by Cybertex. So again, I was surprised that my unemployment benefits are indeed being withheld.Training Workshop. 2015
I had been employed at Cybertex for only a few months at the time. I disagreed with this action in 2015. However, I was soft talked into signing it. I was assured, this is not a statement of guilt or anything, this is merely a precaution, a routine training program, for educational purposes about sexual harassment. (I am sixty years of age, I thought I knew such things). So I went along with the program in the interest of peace. I did not expect to have this document resurrected to mean something different over a year later.
Inappropriate Touching
This is the most bazar accusation. Among classes I taught were anatomy and clinical skills. I always was polite and considerate of this issue. I ask you, how does an instructor not touch when teaching subjects such a palpating pulses, auscultating lung sounds, listening to heart beats or abdominal palpation? In fact I specifically took extra effort to be aware of touching when I taught auscultation of the mitral heart sound, which is located beneath the left breast on some women. There is a “preferred” method to auscultate this location which is taught. I wish to add, many such classes were taught with two instructors present and many students in these classes recorded the lectures for home study. Not all instructors allow this, I did. IF there was such an issue, I’m sure there would be a recording! Furthermore, I have provided you with copies of my student evaluations, yet there are absolutely no remarks of any such complaints on any of the student evaluations!!
Cultural Insensitivity
The student body consists of students from many parts of the world and many cultures. I have never made or even hinted at such a comment. I spent many extra hours assisting and tutoring student with English as a second language. During all the extra effort provided, all of the student body was very appreciative of my efforts. This pattern of assistance and appreciation existed for over a year! The fact is, all the students were very great full for the assistance. I do not know of as much as a single complaint! Again, I state, many of this classes were recorded so that students could study after class, yet in over a years’ duration, no such mention is made by any student.Not Teaching Dimensional Analysis (DA)
This a totally confusing statement! DA is a mathematical method of performing drug calculations. One might call it the “new math” method. It generates long equations that require extensive cancelation and number manipulation.
Another method, (more traditional) is ‘Ratio and proportion/ amount on hand verse amount ordered. This is most commonly taught and used in almost all schools. The students complained BITTERLY that they hated the DA method and preferred the traditional ratio and proportion method. HOWEVER, I DID TEACH the DA method. Many students remarked. “Ok, I will do DA in class, but I will use ration and proportion because that is what I use in my work place! “ I would like to note, the next quarter was taught by a different instructor and she did NOT TEACH DA, but taught ration and proportion because that is what she was used. Further-more, ration and proportion is what is being taught presently at Cybertex. My question is, how can you make an issue of teaching, or not teaching DA method, when the school now teaches ratio and proportion as standard? What an inside- out complaint!
I admit, we do joke around in class. It helps to lighten up the atmosphere and promot
Expert:  Infolawyer replied 1 year ago.
You exactly right and you may pursue a claim for defamation and wrongful termination. This can be done through appeal but also more effectively by separate legal action.
Expert:  Infolawyer replied 1 year ago.
You have a few options. Let me outline them. You can pursue a complaint in civil court. You may sue for losses suffered plus costs and interest. You can also file a complaint with the labor board You can threaten these options before pursuing and use for leverage. local counsel can also get involved!
Customer: replied 1 year ago.
Labor Board? You do realize I'm in Texas. Like many others I have experienced The Texas Civil Rights Commision etc. Pretty much a waste of time. I don't think there is such a thing in Texas ? Do you know.
Expert:  Infolawyer replied 1 year ago.

Texas has a commission but as you note it is not very effective. It is an option in that it is free. I would recommend a civil lawsuit and lawyer led demand as better options!

Customer: replied 1 year ago.
Tanner and Associates, P.C.
6300 Ridglea Place, Suite 407
Fort Worth, Texas 76116(###) ###-####(###) ###-####(fax)
I have contacted the above lawyer, but he has not replied in two weeks. I will contact him again. Any other suggestions?
Expert:  Infolawyer replied 1 year ago.

You can also find other options on and

You also should consider collecting your evidence in chronological evidence supported by documents, where available.

This helps better present the case!

Customer: replied 1 year ago.
Will, its not all very good news. Just as we know, its more important for the RIGHT people to make lots of money, than for the rest of us to expect any type of just or fair treatment. I say, The employers dog has more rights than the employee. Maybe I should put on a collar , then learn to bark , roll over and play dead. Thanks for ??? Randall
Expert:  Infolawyer replied 1 year ago.

Keep in mind if you apply some pressure, lawyer letter, threat of lawsuit, you raise their exposure and risk, and legal fees, which can sometimes lead to settlement! Kindly rate me good or excellent.

Expert:  Infolawyer replied 1 year ago.

thanks in advance.