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Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34516
Experience:  More than 30 years in legal practice.
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Can clerical errors result in termination if you are working

Customer Question

can clerical errors result in termination if you are working for a hospital's marketing department when you have several instances where other employees have committed similar errors and not been held accountable, and another instance which almost resulted in a 250,000 fine to the hospital, the employee was simply transferred
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Is the employment agreement "at will," union, full time or part time?
Customer: full-time
JA: Anything else you want the lawyer to know before I connect you?
Customer: Originally I was told I would be placed on a performance improvement plan by my department director with the presence of HR. After requesting the presence of the CEO as well for the meeting, i was simply terminated by the CEO, without the presence of HR, nor given an explanation in writing that a simple clerical error which was to include a list of physicians for a specific office, and one of them no longer working there.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Loren replied 5 months ago.
Good morning. I am Loren, a licensed attorney for over 30 yrs, and I will be assisting you this morning.
Expert:  Loren replied 5 months ago.
Before we begin a bit more detail would be helpful please. 1. Do you have a written employment agreement requiring cause for termination? 2. Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?
Customer: replied 5 months ago.
I presented 5 pages of evidence i was treated differently because I was a male, and the other team members were female. I presented clear cut evidence of other infractions that did not result in any scoldings let alone being taken in front of HR, even though they were much more flagrant violations that could've resulted in HIPPA violations
Customer: replied 5 months ago.
Also there are several examples of another employee that has made clerical errors on submitting court documents involving involuntary patients
Customer: replied 5 months ago.
Another employee also failed to submit documents for 5 involuntary patients, not to mention committing 5 violations similar in nature to mine, and he was simply transferred. The violations almost resulted in a 250,000 fine and the loss of licensing in fort bend county
Expert:  Loren replied 5 months ago.
Thank you for the additional information. I am preparing your answer and it will post shortly. Your patience is appreciated.
Customer: replied 5 months ago.
I was also told by my Director that I would be placed on a performance improvement plan , and reassured several times, being fired was not an option. Then my CEO simply terminated me b/c he said even one indadvertent clerical error is automatic termination, HR was never present at the meeting.
Customer: replied 5 months ago.
Can i sue them, because the CEO and another Department Director disclosed I was on medical leave for mental health issues for the 2 weeks i was absent. The only person who should have been told was my supervisor. The other department head, was not legally allowed access to the information she was given, and she promptly told other coworkers in my department.
Expert:  Loren replied 5 months ago.
I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Expert:  Loren replied 5 months ago.
Without a written employment contract requiring cause for termination, you are, in all likelihood, an at-will employee. As such, you serve at the whim of your employer. They can change your duties, compensation, schedule or even terminate for any reason or no reason at all. The only exception is that any action taken against you may not be motivated by illegal discrimination (race, religion, disability, ethnicity, etc.) or sexual harassment. If, upon further deliberation you think that may apply to your situation then you need to make a complaint to the EEOC as soon as possible. Otherwise, without a claim, as described above, the courts view this as office politics and offer no judicial or administrative remedy. In other words, you would need to seek recourse within the HR department.
Customer: replied 5 months ago.
Thanks for nothing, i already learned that from my undergrad degree and Google.
Expert:  Loren replied 5 months ago.
I am sorry. I wish I could tell you otherwise, but without inclusion in a protected class, your at-will employment status gives no protection from termination.
Expert:  Loren replied 5 months ago.
Just because you learned it as an undergrad does not make it inaccurate. That is the law.
Expert:  Loren replied 5 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Expert:  Loren replied 5 months ago.
Good luck. I hope things work out ok for you.