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wrongful termination help

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zeth

Junior Member
What is the name of your state (only U.S. law)? California

I worked as a CNA and I beleived I was wrongfully terminated. Here is what happened. A few months ago I was assigned to a patient and that patient as well as her family made racial remarks and verbally abuse me as her husband approached me making threats. This act made me fear for my safety so I left the room and informed the supervisor. Since, the charting supervisor would not assign this patient in my route or if she was assigned to my route the supervisor would remove her because of this incident. This made me believe that the corrective action was to separate me from having her as a patient.
Then one day I was assigned this patient and I felt I was being forced into a situation were I feel that harm could come to me because of the prior incident. I asked to be removed with no success. At this time the supervisor just started arguing so I walked away. I had gone to work early and live around the block. When I got home, I tried to make several calls to the company to try to talk to someone else about my route to see if they would remove that patient with no success, instead I was told that they are going to try to take my license away. So, I tried ever attempt to correct the issue. A few hours later I got a call from them and was told that I would be suspended for three days while they investigate. When I was called in for the meeting I was told that I am going to be terminated. They also accused me of stealing money from a patient, which I never have and they could not prove it. Since I applied for unemployment and got it, they also tried to appeal the unemployment but they ruled in my favor saying that I did nothing wrong. Now they are trying to negociate by paying me for seven days and I resign with the condition that I could no longer apply for a job with this company, I declined the offer. But, is this wrongful termination? Is there something I could do? Another thing, when the supervisior (the one I reported the issue to) was asked about the incident she said that she does not remember, but I have letters from other employees saying that they all knew about the incident which occured. I also have all the assigment sheets were it shows that this patient was not assign to me after the incident or that she was removed.
 


cbg

I'm a Northern Girl
The vast majority of people collecting unemployment were legally terminated. Receiving unemployment does not mean that your termination was wrongful (illegal). It simply means that you were not terminated for a reason that disqualifies you for benefits. In this case it means that your employer did not prove misconduct on your part. That does not make the termination illegal.

It is not a wrongful termination unless a specific law prohibits your employer from terming you for the reason he did. What law do you think was violated?
 

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