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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 13636
Experience:  Experienced in multiple areas of the law.
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I work for a nursing home as a cna and was accused by

Customer Question

I work for a nursing home as a cna and was accused by another cna that she saw me abuse a resident, which I did not, and am fired without any investigation. I need justice but I can't afford it. Someone pls come n help me sad news alone.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Fargo north Dakota
JA: Has anything been filed or reported?
Customer: No I got call from my super on Tuesday that I was suspended from work because of alleged abused on a resident by a work, they call me in and ask if it was true n I say no, the first thing is they can't what how it happen, what time or date it happen, who reported it. They call me in the next day n said we call to the conclusion that you are terminated.
JA: Anything else you want the lawyer to know before I connect you?
Customer: That I am innocent.
Submitted: 9 months ago.
Category: Employment Law
Expert:  RobertJDFL replied 9 months ago.

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Expert:  RobertJDFL replied 9 months ago.

I'm very sorry to hear about what happened to you. I can tell you love your job and that what happened wasn't right. I wish I had better news for you - but you deserve to know what the law says -and telling you less than the truth would be unfair to you, and unethical of me.

South Dakota, like most every state, is an "at will" employer. This means that in the absence of an employment contract or union agreement (which typically give employees more rights) you may be terminated at any time, for any reason, with or without cause, so long as you aren't terminated for an unlawful reason -such as because of your race, religion, age (if over 40) sex, disability or national origin, or because of public policy (e.g., you can't be fired because you filed a worker's compensation claim or because you refused to do something illegal).

So, even though your employer was very likely just protecting themselves against the remote possibility that something happened and didn't necessarily investigate the way they should have, it doesn't matter. An at will employee can be terminated for ANY reason - because the Cubs won the World Series, because it's winter and getting cold out, or just because they feel like it.

Now, you can bring a lawsuit against your accuser for defamation of character for making a false claim against you and costing you your job, but regrettably, the employer was acting within their rights.

I'm sorry the news couldn't be more positive.

If you need clarification about my answer or additional information, please use the SEND or REPLY button to continue our conversation. Your satisfaction is my goal and I am here to help!

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Expert:  RobertJDFL replied 9 months ago.

Was there anything I could clarify for you or additional information you needed? If so, kindly REPLY and I'm happy to help further! If not, please kindly remember to leave a positive rating for me by clicking on the stars at the top of the page and pressing SUBMIT.

Attorneys on Just Answer are not employees of this site, and are not paid until you leave a positive rating for our time and assistance. Thank you!

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