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discharged based on "hearsay", no proof!

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ajfmsla

Junior Member
What is the name of your state (only U.S. law)? Montana
I was recently discharged on the grounds of someone reporting that I was not wearing my scrubs(I work as a personal care giver), and all my clients will vouch that I have been wearing them even though the clients don't want me to wear them because it makes them feel like they're in a hospital.

I was also charged with falsifying time worked on my time sheet; however, they didn't have the time sheet because I didn't hand it in yet! So they also discharged me on the grounds of MEDICARE FRAUD! Again, this allegation came about from hearsay -- no proof!

I am now in limbo because, of course the charges against me. My name and my reputation is tarnished and I probably will not get unemployment. I loved my job, I loved my clients, and I refused to sign the counseling form the HR lady presented to me because I did not agree with what they were charging me with, and I did not want to quit my job.

My question is, is it wrongful termination here? It sure feels like it, because I honestly didn't know what I was doing wrong to get formally written up--even with no verbal warnings. I feel like I'm in deep Ka Ka, but I shouldn't feel that way because I didn't do anything wrong!
 


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Willlyjo

Guest
ajfmsla said:
What is the name of your state (only U.S. law)? Montana
I was recently discharged on the grounds of someone reporting that I was not wearing my scrubs(I work as a personal care giver), and all my clients will vouch that I have been wearing them even though the clients don't want me to wear them because it makes them feel like they're in a hospital.

I was also charged with falsifying time worked on my time sheet; however, they didn't have the time sheet because I didn't hand it in yet! So they also discharged me on the grounds of MEDICARE FRAUD! Again, this allegation came about from hearsay -- no proof!

I am now in limbo because, of course the charges against me. My name and my reputation is tarnished and I probably will not get unemployment. I loved my job, I loved my clients, and I refused to sign the counseling form the HR lady presented to me because I did not agree with what they were charging me with, and I did not want to quit my job.

My question is, is it wrongful termination here? It sure feels like it, because I honestly didn't know what I was doing wrong to get formally written up--even with no verbal warnings. I feel like I'm in deep Ka Ka, but I shouldn't feel that way because I didn't do anything wrong!
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When you were discharged, did they give you paperwork documenting the reason(s) for your discharge? If so, do you agree with them? If not and you can prove the reasons as false, maybe you can get a lawyer to help with a Wrongful Termination.

I'm not familiar with Montana laws regarding such, but it seems to me that in any state, if a person is terminated for documented reasons that can be proven to be false, then you may have a case.
 
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ecmst12

Senior Member
Montana is the ONLY state which does not follow at-will employment. There are cases where at-will still applies in your state but I don't know what they are. You will have to wait for another poster who is more familiar with this state since it is so different from the other 49.
 
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mlane58

Senior Member
Willlyjo said:
I'm not familiar with Montana laws regarding such, but it seems to me that in any state, if a person is terminated for documented reasons that can be proven to be false, then you may have a case.
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And that's where you are wrong like so many other times. Unless you know what the he!! you are talking about, don't!
 
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mlane58

Senior Member
ajfmsla said:
What is the name of your state (only U.S. law)? Montana
I was recently discharged on the grounds of someone reporting that I was not wearing my scrubs(I work as a personal care giver), and all my clients will vouch that I have been wearing them even though the clients don't want me to wear them because it makes them feel like they're in a hospital.

I was also charged with falsifying time worked on my time sheet; however, they didn't have the time sheet because I didn't hand it in yet! So they also discharged me on the grounds of MEDICARE FRAUD! Again, this allegation came about from hearsay -- no proof!

I am now in limbo because, of course the charges against me. My name and my reputation is tarnished and I probably will not get unemployment. I loved my job, I loved my clients, and I refused to sign the counseling form the HR lady presented to me because I did not agree with what they were charging me with, and I did not want to quit my job.

My question is, is it wrongful termination here? It sure feels like it, because I honestly didn't know what I was doing wrong to get formally written up--even with no verbal warnings. I feel like I'm in deep Ka Ka, but I shouldn't feel that way because I didn't do anything wrong!
Click to expand...
Under Montana law

§ 904. A discharge is wrongful only if:
(1) it was in retaliation for the employee's refusal to violate public policy or for
reporting a violation of public policy;
(2) the discharge was not for good cause and the employee had completed the employer's probationary period of employment; or
(3) the employer violated the express provisions of its own written personnel policy.
 
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ajfmsla

Junior Member
Thanks y'all, but I can't help thinking that these dirtbags I worked so hard for actually terminated me without first providing the cold hard evidence that I actually did all these horrible things. Believe me, it never leaves my mind and it is up to them bear the burden of proof. Somewhere along the line I must have really pissed off somebody because I can't imagine why anyone would stoop so low as to be a RAT, especially one that lies. I heard the person who actually told on me wasn't even working with me, and when I was told who ratted on me, I have never even met that person!
 
cbg

cbg

I'm a Northern Girl
I'm not familiar with Montana laws

First thing you've said that I agree with.

but it seems to me that in any state, if a person is terminated for documented reasons that can be proven to be false, then you may have a case.

Which only goes to show that you are not familiar with the laws in any state.
 
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ajfmsla

Junior Member
Yep, I am familiar with MT. labor laws--believe me. Since all this stuff has been going down I have been doing my homework on it.
 
cbg

cbg

I'm a Northern Girl
I wasn't talking to you.

But what part of mlane's post do you disagree with, since you ask?
 
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ajfmsla

Junior Member
O.k., so you weren't talking to me, but I guess you are asking what part of mlane's post I disagree with--right? Please correct me if I am wrong. Well, there really isn't anything to disagree on. I don't know, I personally can't afford lawyers and such, so I go to you guys who seem to know SOMETHING, but I guess we're all just in the same boat......right? Unless y'all just have nothing better to do with your time. Are you all washed up ex-employees or legal experts!?:confused:
 
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