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My wife is a licensed professional therapist, and has worked…

My wife is a licensed...
My wife is a licensed professional therapist, and has worked for same mental health care org. for 15 years. During this time several people have been dismissed for questionable causes. In 2012 the company had leadership issues along with legal problems. They made an attempt to let her go for no cause but tried to create one.. My wife was able to keep the job when the CEO was deposed.A week ago she was called in the HR office and told her that they needed to investigate some vague issue related to her responsibilities.. when she asked what they refused to tell her, but said she was being put on administrative leave, they would contact her later and they would get back to her with result.. This would be okay at a normal work office, but other workers have been accused of similar vague issues then let go.. My wife is convinced there has been no lapse in any way on her part though a complaint is always possible.. (why not ask her to explain if there is a complaint ?), they might be getting rid of her due to her age 57yo .. Her concern is her reputation and her rights.. but why not tell her what and asked if any truth.. she doesn't know the stated reason..she does know she does not trust them . Her concern is her reputation and her rights. The following day my wife contacted her doctor about an ongoing medical issue and was advised to take 6 weeks off for medical leave which she did.She has not communicated with them about the administrative leave cause, just the medical leave which is now in force.She would like some legal advise to protect her rights and reputation
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Answered in 20 hours by:
4/3/2018
Josie-Mod
Category: Legal
Satisfied Customers: 12
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Hi, I'm Josie, a moderator for this topic.
I've noticed you have not yet received a response to this question.
I wonder whether you're ok with continuing to wait for an answer.
If you are, please let me know. If not, feel free to let me know and I will cancel this question for you.
Thank you!
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Customer reply replied 4 months ago
Hi Josie, My wife is (understandably) distressed. My concern is for her rights, how important is having legal repressentation to act as a go between and have her rights protected. Losing a job for a reason that is either illegal or unethical and illegal should be called out. We are concerned that lies will be spread if we make any legal noise..
I don't mind waiting a bit longer, however I would like some contact fairly soon..
Thank you.. Tim
Legal Eagle
Legal Eagle, Lawyer
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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. Because I want to provide you with the most accurate answer possible, 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.

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I’m sorry to hear about your wife's situation. I have dealt with some terrible co-workers, managers, and subordinates in my time. It’s one of the reasons I decided to become self-employed is because I just couldn't take it anymore.

Nonetheless, it’s important to analyze the law in this situation. Harassment/retaliation/discrimination is against the law; however, employment law only makes it against the law if the basis of these actions by the employer are based on your race, gender, age, religious affiliation, sexual orientation, or disability. Employment law doesn’t necessarily cover people who act like jerks. In some states, contract law may help if an employer doesn’t act in good faith. Under the Uniform Commercial Code, any party to any agreement (including employment agreements) has to act in good faith with one another. The failure to do so could be a breach of contract. It’s one of the possible legal solutions, but not always the most practical one.

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Here is something you could pass on to your wife if it is of any help in this situation:

There are some other things that I could recommend to you to help you deal with this problem now and not just in the courtroom based on my experience in working with thousands of people who have had the same issue. Generally, I recommend that you keep documentation of everything that happened. The frequency, duration, and intensity are going to be important and it’ll make it difficult for them to deny this if you confront them. In addition, you should strongly consider what your employer says about this behavior. With the right documentation and some back up in the employee handbook or policy, it could help you solve this right away. You may want to consider having the people who are willing sign an affidavit (a sworn statement) describing what they saw and heard. There’s a site that I’ve used in the past where you can find a good templates (click here). I also recommend building a support network and getting people involved in the situation who may be advocates for you. They may have practical tips or ideas specific to your industry, your organization, or even your team that could be much more helpful than anything the law could provide.

The one thing that you could do is keep a lawsuit in your back pocket. What I mean by this is if the issues continue, then you may want to consider a lawsuit for intentional infliction of emotional distress. IIED means that if someone is intentionally causing severe emotional distress in another, then you may be able to recover for the damages that occurred (e.g. therapist bills, lost wages, medications, etc.). You would have to prove that you suffered damages, but employees have used this tactic when employers have done the same things yours has.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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Customer reply replied 4 months ago
Thanks for you advice. We are going to sit out a few weeks and think.. She is on a medical leave of absence for 6 weeks. During this time any new information will be saved for any eventuality. I will hope they admit discrimination ;-) .
You have satisfied your end and we are grateful.
Customer reply replied 4 months ago
I just tried to rate you but it's not working on my pc..
Thanks so much! Can you rate now?
Legal Eagle
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Customer reply replied 4 months ago
Hello again
We are in a holding pattern for now, but intend to contact employers fairly soon to get company’s story on her forced leave sanction.
All the best , Tim

Thanks, Tim!

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