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tiffyg00

Junior Member
What is the name of your state?Pennsylvania
I am a personal care assistant. I work in a memory care unit dealing with dementia residents some that do not even talk. I have been there for 3 months. I have been complimented on many of the things that I do there. Today, I was called into the office and fired. The Manager said I was verbally abusing 2 residents and she received statements from several people. Well get this. The 2 residents I am being accused of verbally abusing are one that does not talk she has frontal dementia, and the second one sleeps most of my shift. The manager did not say what I was supposibly saying to the residents she just said she reveived more than one written statement. The other thing is here I am actually documenting bruises found on these residents, I hear other employees cursing at them, and pushing them. There is much more to this such as the fact she says she has been investigating this situation well there is never anyone around me. The girl that usually works with me does her work and goes upstairs to hang out with the other employees. Even the teamleaders tell the resident that doesnt talk to go sit down and get away or shut up. Why do I feel like I was discrimnated I was not even given the oppertunity to speak or anything during her termination. I was shown no proof. I honeslty do not even know if anything was written. I feel like the employees did not like me because I see what goes on and I confront them so they made something up to get me fired. Please help what do I do?
 


tiffyg00

Junior Member
Why is it not illegal? I was not given a chance to defend myself nor given a real reason. She had no papers infront of her. They let me work for 3 weeks before they fire me. How come I am the only one that got fired? How about the other girls that neglect them? I think for one I should report the Nursing home to the state of health. But this is discrimination because I believe the managers did not like me. They never talk to me. Leave me to work by myself, and never help me when I had questions.
 

BelizeBreeze

Senior Member
tiffyg00 said:
Why is it not illegal? I was not given a chance to defend myself nor given a real reason. She had no papers infront of her. They let me work for 3 weeks before they fire me. How come I am the only one that got fired? How about the other girls that neglect them? I think for one I should report the Nursing home to the state of health. But this is discrimination because I believe the managers did not like me. They never talk to me. Leave me to work by myself, and never help me when I had questions.
Who give's a rat's behind why you were fired? What you have here is NOT illegal
 
C

CheeseBlotto

Guest
Other than being fired BECAUSE of your sex, race, religion, national origin, etc., they can fire you for any reason or just because they feel like it.
 

longneck

Member
tiffyg00 said:
you know nothing do ya
before you pass judgement on the FREE advice you just received, go back and look at all of the other posts with the word "fired" in them. notice that, absent an employement contract, there are no laws concerning HOW you can be fired.

and if you think the advice received here is wrong, you are more than welcome to pay a lawyer to tell you the same thing.
 

SAK2000

Member
CA

Tiff:

Belize is not known for having tact. However, the response is correct. You can be fired for anything at anytime as long as it's not because of race, religion, sex, etc. They don't legally have to give you an opportunity to explain. Actually, they can fire you because they don't like the color of the shirt you are wearing that day.
 

turbowray

Member
go get help!!

tiffyg00 said:
What is the name of your state?Pennsylvania
I am a personal care assistant. I work in a memory care unit dealing with dementia residents some that do not even talk. I have been there for 3 months. I have been complimented on many of the things that I do there. Today, I was called into the office and fired. The Manager said I was verbally abusing 2 residents and she received statements from several people. Well get this. The 2 residents I am being accused of verbally abusing are one that does not talk she has frontal dementia, and the second one sleeps most of my shift. The manager did not say what I was supposibly saying to the residents she just said she reveived more than one written statement. The other thing is here I am actually documenting bruises found on these residents, I hear other employees cursing at them, and pushing them. There is much more to this such as the fact she says she has been investigating this situation well there is never anyone around me. The girl that usually works with me does her work and goes upstairs to hang out with the other employees. Even the teamleaders tell the resident that doesnt talk to go sit down and get away or shut up. Why do I feel like I was discrimnated I was not even given the oppertunity to speak or anything during her termination. I was shown no proof. I honeslty do not even know if anything was written. I feel like the employees did not like me because I see what goes on and I confront them so they made something up to get me fired. Please help what do I do?
This is turbowray and i am from oregon...i would contact the better business bureau and seek a lawyer...my friend is a c.n.a and she encountered the same thing!! She also contacted senior and disabled services and reported the abuse so they were investigated...i dont know what you have offered there but maybe some time with a lawyer that specializes in employee and employeer problems can help?? You can also contact the district attorney to file your concerns because abusing a senior or disabled person is a crime at least in our state and frowned apon!! 1-800-441-4038 is the toll free number to senior and disabled services...let them know which state you are in so they can refer you to a company there that you can contact for help to defend the disabled and those who can not defend themselves!! Good luck!!
 

BelizeBreeze

Senior Member
turbowray said:
This is turbowray and i am from oregon...i would contact the better business bureau
For what? The BBB has absolutely nothing to do with this and, in point of fact, has no power to do anything if they could.
and seek a lawyer...
By all means advise this poster to waste a few hundred dollars to find out she got the CORRECT legal answer already.
my friend is a c.n.a and she encountered the same thing!! She also contacted senior and disabled services and reported the abuse so they were investigated...i dont know what you have offered there but maybe some time with a lawyer that specializes in employee and employeer problems can help?? You can also contact the district attorney to file your concerns because abusing a senior or disabled person is a crime at least in our state and frowned apon!! 1-800-441-4038 is the toll free number to senior and disabled services...let them know which state you are in so they can refer you to a company there that you can contact for help to defend the disabled and those who can not defend themselves!! Good luck!!
And of course, what you are advising is called blackmail. So, any other grand schemes you would like to pawn off on this poster?
 

mycarlb

Member
It seems as though this turbowray is full of useless advice and only making upsetting the applecart so to speak. To the OP... your state is an "at will" state, which means that you are hired/fired at will. You can file for unemployment though. An employer can fire for any reason they want, but when it comes to unemployment, they have to back themselves up with a good reason for the firing.

That is your only recourse... don't listen to the incredibly stupid rantings of the "turbowray" because he/she is dead wrong about whatever they are saying.

Good luck and apply for UI benefits.
 

Bcar1463

Member
what (most) everyone said is right. They can fire you for whatever, even if it is a completely false made up story. Sucks, but is legal. What would be illegal, is if the false story adversly affected you in other ways, such as not being able to get another job (because your previous boss tells your prospective employer you were fired for that false reason,) or if they allowed the story to become public knowledge (such as published in a newspaper). Then you could talk to a lawyer.
 

BelizeBreeze

Senior Member
Bcar1463 said:
what (most) everyone said is right. They can fire you for whatever, even if it is a completely false made up story. Sucks, but is legal. What would be illegal, is if the false story adversly affected you in other ways, such as not being able to get another job (because your previous boss tells your prospective employer you were fired for that false reason,) or if they allowed the story to become public knowledge (such as published in a newspaper). Then you could talk to a lawyer.
Sorry but wrong. Even if they say she was a slob who couldn't put two cogent sentences together and was lazy then printed that on the front page of the New York times it would STILL not be actionable.

Opinion is NOT actionable and even false facts are not under the Intent rule. If a former employer states something that they BELIEVE to be true without the intent to cause harm ( and proving intent is upon the plaintiff in a civil action ) then no action is sustainable.
 

turbowray

Member
what??

BelizeBreeze said:
For what? The BBB has absolutely nothing to do with this and, in point of fact, has no power to do anything if they could.

By all means advise this poster to waste a few hundred dollars to find out she got the CORRECT legal answer already.

And of course, what you are advising is called blackmail. So, any other grand schemes you would like to pawn off on this poster?
i have learned about the bbb not being any good here and am embarrased by that but the point is i was just trying to help...contacting the senior and disabled services about a crime being commited which people in oregon have been sentenced for is not blackmail!! Did i say tell your employer to hire you back or you will do these things?? This really insulted me and i want an explanation on how you got blackmail out of all of this!! Grand schemes?? I worked for senior and disabled services and i at least know if i hurt a client i was prosecuted by the district attorney so none of that was made up as a scheme...it sounds like employers can get away with about anything including hurting seniors with no problems to worry about!! Can you please go into full detail how a company or person working for a company could hurt someone and not get into legal trouble cuz i would like to know so i can shut my mouth on this issue!! turbowray
 

turbowray

Member
question only

BelizeBreeze said:
Sorry but wrong. Even if they say she was a slob who couldn't put two cogent sentences together and was lazy then printed that on the front page of the New York times it would STILL not be actionable.

Opinion is NOT actionable and even false facts are not under the Intent rule. If a former employer states something that they BELIEVE to be true without the intent to cause harm ( and proving intent is upon the plaintiff in a civil action ) then no action is sustainable.
What is defemation of character lawsuits for lol....i read about an actress that just won an amount of money cuz a paper said that she was a drug addict?? How could she win if putting damaging missinformation on paper that couldnt be proved isnt actionable?? Not arguing just wondering promise lol!
 

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