Wrongful termination

State of Michigan. I work as a Physician Assistant (PA) in the ICU of a large hospital and although I work under the supervision of several ICU Physicians, I am employed by the hospital. On Dec. 2nd (Friday) from 2-3 pm I was called in to a meeting with one of the ICU physicians along with a Human Resources rep. and was told that I was being terminated from my position, but they were giving me the option to resign instead. Furthermore, I had to give them my decision by Monday. The physician provided me with a memo and told me to sign, before I had a chance to read the memo, and he stated that by signing I was only acknowledging receipt but not agreeing with the content of the memo. The memo was comprised of many different reasons for their decision to terminate and they were inaccurate. Most of their reasons centered around the general idea that I was not as efficient or experienced as my coworkers. They even claimed to have documented complaints against me from the nursing staff, however, I was never notified of this documentation against me and they refused to let me see the complaints or share specifics with me. The HR rep also explained that she was required to report this to the Michigan PA licensing board even if I chose the resignation option.

It should be noted that there have never been any questions regarding the appropriateness or safety of my patient care and management.

I am wondering if I have a right to see the written documentation of complaints against me and also if was legal for them to use that as one of the reasons for my termination without first informing me of those complaints. Also, can they report me to the state licensing board if I choose the resignation route? Is there a law that requires this reporting even if I resign? Are they allowed to keep a copy of their memo (full of inaccuracies) in my personnel file if I resign? Also, they say they will be keeping a "departmental file" on me which will contain the documented complaints against me that I never knew about or was allowed to view. Is that legal? Overall, did they follow the proper procedure for terminating or was this wrongful termination. How should I proceed?

I am wondering if I have a right to see the written documentation of complaints against me and also if was legal for them to use that as one of the reasons for my termination without first informing me of those complaints.

A: Yes you have a right to see the complaints and yes they can fire you for almost any reason they deem neccesssary

Also, can they report me to the state licensing board if I choose the resignation route? Is there a law that requires this reporting even if I resign?

A: yes and they probably will. I know that medical boards are the first to recieve information in regards to a poor performing employee, but unless you had substance abuse problem or professional standards problems then there is not much they are going to do .... of course that could depend on if you are a RN or LPN..... they are not always treated the same.....

Are they allowed to keep a copy of their memo (full of inaccuracies) in my personnel file if I resign? Also, they say they will be keeping a "departmental file" on me which will contain the documented complaints against me that I never knew about or was allowed to view. Is that legal? Overall, did they follow the proper procedure for terminating or was this wrongful termination. How should I proceed?
A: yes they will keep a fully documented HR file on you.
Do you feel like you were wrongfully terminated? only you can answer that...

disabled termination

The state is Illinois. My 37 year old sister is mentally handicaped. She has been working part time at a major hotel chain for five plus years as the breakfast hostess. She was employed through a local service agency that provides and works with employers to get jobs for the mentally handicaped. During her five years of employment she has received excellant reviews and basically been a very dependable employee.

Recently the hotel had a quality inspection, employees were warned that the person coming to do the inspection could fire them on the spot. The inspection went off as planned with no major problems. Approximately two months after the inspection my sister has been told she is being let go, because the inspector was "not impressed with her". I want to know if we have any legal rights here?

Jeff Sonnenberg said:

The state is Illinois. My 37 year old sister is mentally handicaped. She has been working part time at a major hotel chain for five plus years as the breakfast hostess. She was employed through a local service agency that provides and works with employers to get jobs for the mentally handicaped. During her five years of employment she has received excellant reviews and basically been a very dependable employee.

Recently the hotel had a quality inspection, employees were warned that the person coming to do the inspection could fire them on the spot. The inspection went off as planned with no major problems. Approximately two months after the inspection my sister has been told she is being let go, because the inspector was "not impressed with her". I want to know if we have any legal rights here?

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You may-- You would have to proove that the disability lead to the fring and not poor job performance --- the ADA covers such manners you need to contact an employment lawyer.... good luck...

Jeff Sonnenberg said:

The state is Illinois. My 37 year old sister is mentally handicaped. She has been working part time at a major hotel chain for five plus years as the breakfast hostess. She was employed through a local service agency that provides and works with employers to get jobs for the mentally handicaped. During her five years of employment she has received excellant reviews and basically been a very dependable employee.

Recently the hotel had a quality inspection, employees were warned that the person coming to do the inspection could fire them on the spot. The inspection went off as planned with no major problems. Approximately two months after the inspection my sister has been told she is being let go, because the inspector was "not impressed with her". I want to know if we have any legal rights here?

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DO NOT hijack another's thread. If you want a QUALIFIED LEGAL answer, start your own thread.

RedemptionMan said:

You may-- You would have to proove that the disability lead to the fring and not poor job performance --- the ADA covers such manners you need to contact an employment lawyer.... good luck...

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Try again

BelizeBreeze said:

Try again

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here ya go -- I said that you would have to prove that the disability is what they made the firing decision on -- but here is the act read it for yourself...

http://www.eeoc.gov/policy/ada.html

RedemptionMan said:

here ya go -- I said that you would have to prove that the disability is what they made the firing decision on -- but here is the act read it for yourself...

http://www.eeoc.gov/policy/ada.html

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***** *********

Another Rainman classic

BelizeBreeze said:

***** *********

Another Rainman classic

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Ok I rephrase that you would have to prove that the employer did not provide a reasonable accommodation for your dauhters disability.

RedemptionMan said:

Ok I rephrase that you would have to prove that the employer did not provide a reasonable accommodation for your dauhters disability.

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Really? Nice try.