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EEOC and Defamation of Character

On Lawyer & Legal » Employment & Labor Law

8,838 words with 2 Comments; publish: Sat, 13 Nov 2004 20:56:00 GMT; (80062.50, « »)

What exactly does this cover?

I was terminated unjustly and accused of illegal activity that absolutely

did not occur.

It's a long story, but here's the jist of it...

A little background first. I was working in a nursing home as a certified

nursing assistant when I was fired for abuse.

On January 27, 2004, I was called into my supervisor's office and

terminated. She said that on Jan 25th and Jan 26th someone witnessed me

"abusing residents". I was accused of opening a window while giving a

resident a bath. The fact is, when I first entered the bathing room, the

window was already opened. I closed the window and turned on the heat lamp

and gave the resident a bath.

When my supervisor told me why I was being fired, I told her that I'd

*closed* the window, not opened it. I also told her that I wasn't even at

work on one of the days the "abuse" allegedly occurred. She replied that

all the facts would come out in the "investigation". She clearly didn't

want to hear the facts from me. She'd already made up her mind to fire me

and no facts were going to change her mind, not even the fact that I wasn't

at work on one of the days.

An employer has 5 days to report acts of abuse to the state agency that

issued my certificate. The agency then goes out to the facility and does

their own investigation. Well, I contacted the agency in writing

immediately, so that they would have my side of the story.

On March 2, 2004 they went out there, did the investigation. After their

investigation at the facility, they wrote me back and informed me that no

allegations of abuse were substantiated. Therefore my certification would

remain in effect. I was elated.

Recently I discovered that the agency was never notified by my employer that

I'd been fired for abuse. The investigation at the facility was prompted by

*my* letter to them explaining my side of the story.

Well, my employer got into a bit of trouble with the state licensing agency

for not reporting it.

It has been my belief all along that her firing me for abuse was malicious

and down-right wrong. I was a good employee with good evals. She had only

recently been promoted to her position of this authority and I expect she

could hardly wait to get me out of there, no matter what she had to do to

make it happen.

This is Nebraska, an at-will employment state. She could have fired me

because she didn't like the way I combed my hair. But no, she had to make

it big and ugly.

When asked on job application why I left that nursing home, I try to explain

what happened, but I'm sure my application gets round-filed. Basically,

she's blacklisted me.

I've thought about simply not putting that job on my application/resume, but

it's the only place I've worked as a nursing assitant.

In my opinion, there is only one reason she would fire me and accuse me of

abuse and *not* report it to the state agency. And that reason would be, to

prevent me from getting a job.

Does this sound like defamation of character?

I spoke to an attorney right after I was fired and she said I had no case,

because anything my employer told the state licensing agency would be

protected, and therefore telling the judge in unemployment appeals court was

protected also.

But if she never reported it to the state licensing agency, but DID tell the

judge at the unemployment appeals hearing I was found guilty by the state

licensing agency, of abuse, that wouldn't be protected would it?

I still can't understand why the unemployment appeals tribunal didn't charge

her with perjury for making those false claims.

I plan on calling the EEOC and my attorney on Monday with these new facts,

but was wondering if anyone here in this forum could give me any advice or

knowledge on the subject of employment law.

Thanks,

Brigitte

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  • 2 Comments
    • Keep in mind that merely because it's an "at will" employment agreement,

      doesn't mean they can *illegally* fire you. Contact your local lawyer for

      what's illegal in your state.

      "Brigitte" <bas3.laborlaw.todaysummary.com.rocketmail.com> wrote in message

      news:CzBld.46111$ye4.39980.laborlaw.todaysummary.com.twister.rdc-kc.rr.com... What exactly does this cover? I was terminated unjustly and accused of illegal activity that absolutely did not occur. It's a long story, but here's the jist of it... A little background first. I was working in a nursing home as a certified nursing assistant when I was fired for abuse. On January 27, 2004, I was called into my supervisor's office and terminated. She said that on Jan 25th and Jan 26th someone witnessed me "abusing residents". I was accused of opening a window while giving a resident a bath. The fact is, when I first entered the bathing room, the window was already opened. I closed the window and turned on the heat

      lamp and gave the resident a bath. When my supervisor told me why I was being fired, I told her that I'd *closed* the window, not opened it. I also told her that I wasn't even at work on one of the days the "abuse" allegedly occurred. She replied that all the facts would come out in the "investigation". She clearly didn't want to hear the facts from me. She'd already made up her mind to fire me and no facts were going to change her mind, not even the fact that I

      wasn't at work on one of the days. An employer has 5 days to report acts of abuse to the state agency that issued my certificate. The agency then goes out to the facility and does their own investigation. Well, I contacted the agency in writing immediately, so that they would have my side of the story. On March 2, 2004 they went out there, did the investigation. After their investigation at the facility, they wrote me back and informed me that no allegations of abuse were substantiated. Therefore my certification would remain in effect. I was elated. Recently I discovered that the agency was never notified by my employer

      that I'd been fired for abuse. The investigation at the facility was prompted

      by *my* letter to them explaining my side of the story. Well, my employer got into a bit of trouble with the state licensing

      agency for not reporting it. It has been my belief all along that her firing me for abuse was malicious and down-right wrong. I was a good employee with good evals. She had

      only recently been promoted to her position of this authority and I expect she could hardly wait to get me out of there, no matter what she had to do to make it happen. This is Nebraska, an at-will employment state. She could have fired me because she didn't like the way I combed my hair. But no, she had to make it big and ugly. When asked on job application why I left that nursing home, I try to

      explain what happened, but I'm sure my application gets round-filed. Basically, she's blacklisted me. I've thought about simply not putting that job on my application/resume,

      but it's the only place I've worked as a nursing assitant. In my opinion, there is only one reason she would fire me and accuse me of abuse and *not* report it to the state agency. And that reason would be,

      to prevent me from getting a job. Does this sound like defamation of character? I spoke to an attorney right after I was fired and she said I had no case, because anything my employer told the state licensing agency would be protected, and therefore telling the judge in unemployment appeals court

      was protected also. But if she never reported it to the state licensing agency, but DID tell

      the judge at the unemployment appeals hearing I was found guilty by the state licensing agency, of abuse, that wouldn't be protected would it? I still can't understand why the unemployment appeals tribunal didn't

      charge her with perjury for making those false claims. I plan on calling the EEOC and my attorney on Monday with these new facts, but was wondering if anyone here in this forum could give me any advice or knowledge on the subject of employment law. Thanks, Brigitte

      #1; Sun, 14 Nov 2004 22:02:00 GMT
    • Brigitte,

      You have an attorney to advise you in this on-going matter. Anything you

      post here may be used against you and will not help you. It is not clear

      from your post what the "official" reason for your termination was but

      listing patient abuse on your job applications is certainly

      counterproductive. Stop defaming your own character. No one else seems to be

      defaming you.

      Good luck,

      Dave M.

      #2; Sun, 14 Nov 2004 09:16:00 GMT