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I was fired from my job as a nurse, I was accused of abuse…

Customer Question
I was fired from...

I was fired from my job as a nurse, I was accused of abuse and it is totally false, I want to file for umemployment and report the administer of the health care facility where I worked for over 2 yrs for misconduct. I believe he made false claims and was hostile and treated me unfairly so he could bring in another nurse for less pay as he has only been at the facility for a short time, the first week he was there he fired the previous director and charge nurse, he is also harassing other RNs that are at higher pay scales. All the people I worked with feel harassed and I feel my claim is very legit, can you help me?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Nevada

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will. No union and full time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

If he makes a claim to my state board he could continue to jeopardize my and my family well being, it is very typical of new administration to "clean house" meaning fire the highest paid staff. Also I feel he should not get away with his actions and continue to persecute other staff, my story may make it all more clear, but it is not an easy on to tell in this format

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
9/24/2017
Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,218
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

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Employment Lawyer: Legal Eagle, Lawyer replied 7 months ago

Thank you very much for your patience. Generally, a person will be awarded unemployment benefits if they quit if they can show that they had no choice other than to quit their jobs. If someone is subject to harassment, an unsafe work environment, or such an environment that continuing on in the job would have not been reasonable, then the state will likely award you unemployment. Please keep in mind that this is entirely up to the state to make this determination. However, just because you quit, it doesn’t automatically rid your ability to collect. Also, you may have a separate cause of action against your employer. This appears to be a violation of the implied covenant (promise) of good faith and fair dealing because they did not give you a chance to benefit under the terms of your contract because of the false claims. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward the other can result in a breach of contract. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If you send this letter and they do not respond, then you may want to consider bringing a lawsuit after that because it will be clear they will not be willing to settle the issue.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 11,218
11,218 Satisfied Customers
Experience: Licensed to practice before state and federal court

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