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firing for cause (unjustly)

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timshel88

Junior Member
What is the name of your state? Virginia

My mother was fired in May from a Psychiatric office by her manager. The manager claimed my mother reveled confidential patient information. This is untrue, but it is my mother's word against her manager's. Her former manager is not the nicest person either. The long and short of this is that my mother has been unable to collect unemployment. (My mother had wored there for 4 years--longer than the manager, and has worked in the medical receptionist field for about 10 years). Mother did try appealing the decision of the VEC unsuccessfully (she did not have a lawyer). Also--mother has heard from some of her friends still in the medical profession that her former manager is telling other hospitals not to hire her (mother still is unemployed at this writing). Of course, this is hearsay---although their might be proof. What should she do?
Thanks
Timshel :confused:
 


cbg

I'm a Northern Girl
Your subject heading suggests a different question than you ask. I'll attempt to answer both.

1.) This may well have been an unjust firing, but it does not equate to a wrongful termination.

2.) IF the former employer is actually calling other hospitals unsolicited and telling them not to hire her, she MAY have legal recourse. However, I need to tell you that while I constantly see posts from people who are convinced that this is happening, it happens FAR less often than people believe. In fact I've been in HR and Benefits for twenty five years this month, and I have NEVER had anyone call to say I shouldn't hire someone. NEVER. Not once. Nor do I know any HR manager who has had this happen - and I know a LOT of HR managers, nationally. In addition, she would have the burden of proof in showing first, that what was said is a LIE (not his opinion, not a misunderstanding, not that he jumped to conclusions on insufficient evidence, but that he knowingly and purposefully LIED) and secondly, that her failure to get the job is directly linked to this phone call, which in the current job market is not going to be an easy link to make.

If, however, he is being called for references and he provides his honest opinion of her performance and what happened, she has no recourse whatsoever, even if he is totally and completely wrong. Again, to have any legal recourse she will have the same burden of proof as described above.
 

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