Wrongful Termination???

[rose14]

Ohio....Short and sweet. Was Emloyed at a Dental Office.. In November an office manager physically pushed in front of patients & staff members, I informed all of my boss's. They told me they would handle it. I met with them told them what happened and they said it would be handled. Nothing happened. I filed a police report,& contacted OSHA. I was also questioning fraudulent activity and informed them that I would not do anything illegally. According to them I was fired for having a criminal record, which I never lied about or gave permission to having a background check done. This was done after I made my calls to the proper authorities. I was a model employee and never missed a days work, I was praised on a daily basis. This background check was done by a person who was not an employee until after the day Iwas fired. Do I have any legal rights as to being a whistleblower? I am currently working with 2 government agencies concerning the fraud..I do have proof. Thanks I don't know much about the law any comments are appreciated

 

[Beth3]

You need to provide some additional information:

1. When you say you never lied about your criminal background, does that mean that you filled out an employment application when you applied for work at this office and revealed that information then? Or did you tell them in the course of the interview? Or were you never asked about it?

2. What exactly is your criminal record?

3. What kind of fraud are you talking about and what were you asked to do that you believe was illegal?

4. What government agencies are you working with?

 

[rose14]

Wronful Termination

Ohio
Never filled out an application, took a Resume & was hired on the spot.
I was never asked about my Criminal Background
Was Convicted of A Theft 6 yrs ago
Working with Medicaid & CareSource which provide Dental Benefits for the needy & poor. Fraudulent claims were sent in for payment on Dr.'s names that were approved providers names instead of the Dr.s that actually saw the patients and are not state approved providers.

 

[Beth3]

I suggest you speak with an employment law attorney asap. I think you can make a credible claim that the termination was a pretext and the real reason you were terminated was because of your involvement with the government agencies regarding the potential Medicaid and CareSource fraud.

 

[rose14]

Thanks for the advice..I too think I have a good case. It's hard doing the right thing, but it's the only thing to do, even if it means losing your job..After all it's about intergrity...

 

[SuzieWahoozie]

I agree with what Beth has said, but I have some additional questions, too. You say that you were informed you were being fired because of your criminal background, but then you say the background check wasn't done until AFTER you were fired. I'm confused! Why did they state you were fired at the time of firing?

You also state someone who was not an employee did the background check...who?

The answers to these questions may bolster your case, but I need the answers in order to be sure.

 

[Beth3]

Suzie, the post is a little confusing on time-lines but she is saying the criminal check wasn't conducted until after she reported the suspected illegal activity to gov't agencies, which is what makes me think this is a pre-textual reason.

She is also saying the person who did the criminal check wasn't an employee until the day after she (the OP) was fired, not that the criminal check wasn't done until after she (the OP) was fired. I presume you're thinking possible FCRA violation but of course it's completely unclear who did the criminal check and how it came to be that that individual was subsequently hired as an employee.

 

[purple2]

How does OSHA fit into this story? I'm not aware of why they'd be interested that the office manager pushed you. Wouldn't that be the local police?

 

[rose14]

Wrongful Termination ???

Beth is correct on all the questions asked : Background check was done after the Police report was filed and after they knew I had made calls about the fraud. Osha was called on the issue of Workplace Violence, also before I was fired. The person who did the background check was the wife of one of the Dr.'s and was hired as the new office manager the day after I was fired. She in fact was the one who not only fired me, but also threatened me. She stated if I did not resign or tell the other employees that I found another job that she would in fact expose my background. She also told me that I had not better look for another job in the field of Denistry or she would make my past known. I refused to lie or resign so she said than we are letting you go.