Should I Pursue A Lawsuit?
Recently I was employed at a long term care facility and a another employee accused me of neglect of a patient. The reason I am upset is I know I washed this patient before bedtime and know that there was not bm on this patient. The other employee came in and instead of talking to me like a professional or bringing this so called problem to me personally she came in ranting and raving saying I was a lazy person. I have never had any problems with any situations of this sort. I was written up and given three points the thing that upsets me is she told my evening shift nurse the reason she acted like that was because she does not like me and every time I work and she comes in she will act like that. I terminated my position because I know I did not leave that patient like that and there was no witnesses to verify her accusations. They have made statements to the effect that they are over staffed and will have to let some employees go. Should I sue for wrongful write up? The morning that I was written up she had reported another girl for the same thing but she worked ona different unit, she said this girl was wasn’t wearing any shoes when she was working, and today I just talked to the cna I was working with that night and now she is given her grief about her scrub pants. This girl is trouble, she worked in a nursing facility before and married this 21 year old patient he was loaded with money and he died 4 months later! I had reported earlier this month that a patient I took care of was being abused and when I reported this to the DON she simply laughed about it and called the patient a lier. As of today the abuser is still employed there and still is aloued to do patient care. how crazy is that? What should I do? The other cna has filed a lawsuit against the facility.
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You have no grounds for a lawsuit.
If you have evidence of abuse of patients in the facility, you can and should report it to the authorities.
I don’t understand, what was the lawsuit entitled that was filed by the cna? You can’t file a lawsuit for lieing, for writing you up, etc. so what does she think she’s going to win?
In these days of poor economy frankly I heard that there is a crying need for people with cna and nursing careers so why it is the facility where you all work is overstaffed is weird. Can’t you guys find work elsewhere?
An employer is an employer and in states with work at will laws they can let people go for no reason at all. I’m going to assume that yours is not a work at will state since the higher ups feel they have to have documentation to let someone go, so they need “cause”.
There’s a lot of definitions for the word abuse. Sometimes facilities do the best they can, they work with what things have been provided for their use. Even in life outside of cna work, one person cannot live a life for another person, surely you know that. So they accommodate patients the best they can. You didn’t state what the abuse was so I can’t comment.
Why not wait to see what the results are of that cna’s case. Usually a person would report a facility to a government agency and that government agency would sue, so that’s why I don’t understand what that “other” cna expects to accomplish. It may just be a frivolous lawsuit, I don’t know. Need more and specific details.
Unless you are under a union contract or a written employment agreement you are an at will employee. At will employee’s can be terminated for any or no reason, with or without write ups, except in the case for discrimination. Illegal discrimination is actions done because of an employee’s; age (over 40), sex, race, ethnic origin, nationality, religion, disability, marital or military status. See http://www.eeoc.gov Your state may add others.
There is no legal cause of action (you cannot sue) for an employer writing you up, unless you can prove that the write-up is based on discrimination.
You may want to contact a local employment attorney who can review your case in accordance with your state’s laws.