Closed Thread
Page 1 of 2 12 LastLast
Results 1 to 15 of 21
  1. #1
    ajfmsla is offline Junior Member
    Join Date
    Apr 2009
    Posts
    5

    discharged based on "hearsay", no proof!

    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!
  2. #2
    Willlyjo Guest
    Quote Originally Posted by ajfmsla View Post
    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!
    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.
  3. #3
    ecmst12 is online now Senior Member
    Join Date
    Feb 2006
    Location
    Philadelphia, PA
    Posts
    35,442
    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.
    Last edited by m martin; 04-03-2009 at 11:47 PM.
  4. #4
    mlane58 is offline Senior Member
    Join Date
    Mar 2005
    Location
    Texas
    Posts
    2,856
    Quote Originally Posted by Willlyjo View Post
    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.
    And that's where you are wrong like so many other times. Unless you know what the he!! you are talking about, don't!
  5. #5
    mlane58 is offline Senior Member
    Join Date
    Mar 2005
    Location
    Texas
    Posts
    2,856
    Quote Originally Posted by ajfmsla View Post
    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!
    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.
  6. #6
    ajfmsla is offline Junior Member
    Join Date
    Apr 2009
    Posts
    5
    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!
  7. #7
    >Charlotte< is offline Senior Member
    Join Date
    Mar 2007
    Posts
    5,080
    Ummmm...Blue?
  8. #8
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,024
    Quote Originally Posted by >Charlotte< View Post
    Ummmm...Blue?
    Damn. Must of lost my mind for a moment!!lol!
  9. #9
    >Charlotte< is offline Senior Member
    Join Date
    Mar 2007
    Posts
    5,080
    Quote Originally Posted by Blue Meanie View Post
    Damn. Must of lost my mind for a moment!!lol!
    I am laughing so hard at you right now.
  10. #10
    Antigone* is offline Senior Member
    Join Date
    Dec 2007
    Location
    In honor of JetX ~ Somnambulist University
    Posts
    21,221
    Quote Originally Posted by >Charlotte< View Post
    I am laughing so hard at you right now.
    The curiosity of this inside joke is killing me
  11. #11
    Blue Meanie is offline Senior Member
    Join Date
    Jul 2005
    Location
    Massachusetts
    Posts
    24,024
    Quote Originally Posted by >Charlotte< View Post
    I am laughing so hard at you right now.
    I know that. I knew that BRFORE you said it. EVERYONE is laughing at me right now...I'm going in the yard to eat worms...Bye.
  12. #12
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,128
    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.
  13. #13
    ajfmsla is offline Junior Member
    Join Date
    Apr 2009
    Posts
    5
    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.
  14. #14
    cbg
    cbg is offline Senior Member
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    34,128
    I wasn't talking to you.

    But what part of mlane's post do you disagree with, since you ask?
  15. #15
    ajfmsla is offline Junior Member
    Join Date
    Apr 2009
    Posts
    5
    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!?

Similar Threads

  1. Non-US resident, Nevada LLC, question about what constitutes "US based activities"
    By john8086 in forum Starting and Operating a Business
    Replies: 0
    Last Post: 05-07-2009, 09:12 AM
  2. Am I "priority" or "unsecured" in my Chapter 11 Proof of Claim?
    By moecalifornia in forum Business Bankruptcy
    Replies: 4
    Last Post: 04-04-2009, 12:15 PM
  3. "Discharged" and worried about unemployment benefits
    By cj78 in forum Hiring, Firing & Wrongful Termination
    Replies: 3
    Last Post: 03-03-2005, 08:16 AM
  4. Jurisdiction issue on a suit based on internet "slander"
    By Tammila in forum Computers / Software & Internet Law
    Replies: 6
    Last Post: 03-11-2004, 06:00 PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  

© 1995-2012 Advice Company, All Rights Reserved

FreeAdvice® has been providing millions of consumers with outstanding advice, free, since 1995. While not a substitute for personal advice from a licensed professional, it is available AS IS, subject to our Disclaimer and Terms & Conditions Of Use.