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Hire and firing, wrongful termination.

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c.c4583

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

Hi.

I worked in health care (elderly), and had been employed with the company for only 1 month, and had todo a trial period.

My problem is. I was terminated because someone complained on myself that I was speaking in a sexual nature. Now what I did was only say that I was double jointed and could get my leg over my head, I never immitated this, just verbally. They assumed I was speaking sexually when infact I wasnt.

(The next day)
I was then asked to come into the office. In the office was a director and the manager.

I was never given the oppertunity to have someone present with me, I never knew that there was a meeting taken place, to terminate my employment.

I was never given that chance to defend myself, or to make an account of what happened on my side of the story.

The boss also said that, My medication sheet had 30 spaces missing, where myself and other staff sign. To say we have medicated someone. Now this is untrue. I always checked and double checked. and knew I never left any spaces. However someone else did leave spaces and I always said to that person to make sure you sign.

I then said as the boss was there, that he infact speaks in a sexual manner all the time, I was told "you are a lier" (I have proof of this, in a picture that was taken in the establishment). "what can I do here?"

The boss also said there were complaints against me, which I read and knew the were unfounded and not true and stated this. and not allowed to defend myself yet again.

I asked for a copy of these complaints, so I could research deflimation of character. I was told I would be sent them. 2months on, I havent recieved any letters, I have asked for an email address for the director. and still no response.

Do I have legal grounds or what can I do to prove I am innocent, and not to have my name tarnished anylonger??.

thanks .
 
Last edited:


fairisfair

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

Hi.

I worked in health care (elderly), and had been employed with the company for only 1 month, and had todo a trial period.

My problem is. I was terminated because someone complained on myself that I was speaking in a sexual nature. Now what I did was only say that I was double jointed and could get my leg over my head, I never immitated this, just verbally. They assumed I was speaking sexually when infact I wasnt.

(The next day)
I was then asked to come into the office. In the office was a director and the manager.

I was never given the oppertunity to have someone present with me, I never knew that there was a meeting taken place, to terminate my employment.

I was never given that chance to defend myself, or to make an account of what happened on my side of the story.

The boss also said that, My medication sheet had 30 spaces missing, where myself and other staff sign. To say we have medicated someone. Now this is untrue. I always checked and double checked. and knew I never left any spaces. However someone else did leave spaces and I always said to that person to make sure you sign.

I then said as the boss was there, that he infact speaks in a sexual manner all the time, I was told "you are a lier" (I have proof of this, in a picture that was taken in the establishment). "what can I do here?"

The boss also said there were complaints against me, which I read and knew the were unfounded and not true and stated this. and not allowed to defend myself yet again.

I asked for a copy of these complaints, so I could research deflimation of character. I was told I would be sent them. 2months on, I havent recieved any letters, I have asked for an email address for the director. and still no response.

Do I have legal grounds or what can I do to prove I am innocent, and not to have my name tarnished anylonger??.

thanks .
Florida is an at will employment state. Unless you belong to a union, or have some sort of an employment contract which may in some way protect you, they can fire you for any reason, or really for no reason at all. They found your conduct to be such that they did not wish to continue your employment. Find another job.
 

ecmst12

Senior Member
They terminated you because they didn't like you and didn't think you fit in. This is legal and there is nothing you can do about it. You need to move on and find another job.
 

Hot Topic

Senior Member
Some of your story lacks credibility. People don't just assume someone is speaking sexually when they say they can raise a leg over their head. They comment on their flexibility, their athleticism or even how "weird" such an ability is. There's no reason for a sexual link unless the conversation is sexually based.

Why would everyone conspire against you?

You're out of luck.
 

cbg

I'm a Northern Girl
If your employer felt that the comment was inappropriate, and it was, they can fire you whether it was sexually based or not.

They have no legal obligation to send you copies of the complaints, or show them to you. Nothing you have posted suggests that your termination was in any way illegal. It does not meet the definition of a wrongful termination.

Accept it, apply for unemployment, look for new work, and move on. Oh, and in your next job, don't describe your physical attributes or capabilities in the workplace - you'll last longer.
 

c.c4583

Junior Member
Thanks

Thanks for the comments people.


I have now found out the main reason why they terminated my employment. I was getting the job done, the way it should have been done from the begining.

Because I have such a wide spectrum of experience I was a threat, and I also found out that I was meant to be taken over as the manager.

He got wind of this, and because I was on trial he had to find another way of getting rid of me. So although the comment I made wasnt sexual, they had to take it that way as to sack me..

Its all sorted now, moved on. New jobs going well..and thanks again for the advice.:)
 

Zigner

Senior Member, Non-Attorney
So although the comment I made wasnt sexual, they had to take it that way as to sack me..

That is not correct. They didn't NEED a reason to fire you. And that goes doubly so if you were on probation.

I'm sure you'll do fine in your future endeavors though - you seem to have it all handled! :)
 

cbg

I'm a Northern Girl
They could have fired you because you wore a green shirt on Tuesday and it would have been legal. There was no need to "make it sexual" to have an excuse to fire you. Your comment was inappropriate regardless.
 

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