Fired!!!

[peppylady]

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

The Right to Work State as they say.

I got fired from my job as a Certified Nurses Aid in a Nursing Home. They terminated me because they said the corporate office received an anonimious call from a family member stating that I violated the HIPAA law. They said I said or they heard me say something about a condition of one of the other residents. I am so confused. My employer told me they investigated and said they have good evidence that I did do it. I told them I did not but they said too bad you are fired. For about a year I was having a problem with 2 other aids i work with. Harassment, imbarrassing me in front of the residents. Making me feel inferior. I was always full of anixiety when I came to work. Well to make a long story short I and several other friends think this was an inside job and that one of the co-workers made the call to corporate. My boss was reading from a paper and it said things that would not say like certain words and phrases. Now I find out I can't even collect unemployment because I was fired for gross misconduct and I violated company police. All I know it that I am innocent. How can a employer fire an employee by an anonimious call? If I appeal the decision do I have a chance to win? Believe it or not I can not find another job. I have been out of work for over a month. I have not received any UE checks. Any help would be nice.

 

[cbg]

Right to work means you cannot be forced to join a union in order to get work. It has nothing to do with your situation.

They can fire you because of an anonymous call because there is no law that says they can't. Any more than there is a law that says they have to take your word for it if you say you didn't do what they claim.

 

[peppylady]

do you think I should go thru with the appeal? Do I have a chance?

 

[Zigner]

do you think I should go thru with the appeal? Do I have a chance?

If there is an appeals process in place, then file an appeal. There is no way we would know if you have a chance.

 

[ecmst12]

The burden of proof will be on your employer to prove the gross misconduct. Most likely, they can't.

 

[Zigner]

The burden of proof will be on your employer to prove the gross misconduct. Most likely, they can't.

Depends on what OP is appealing. I got the impression OP was trying to appeal the discharge itself, which is why I answered the way I did.

 

[ecmst12]

I was referring to OP appealing the unemployment denial.

 

[Zigner]

I was referring to OP appealing the unemployment denial.

Gotcha!

 

[peppylady]

No I am not appealing the discharge. I am in a way glad I am out of there. They treat the staff like dirt. They favor some over the other. I stayed there mainly because of the short distance to work and some family issues (babysitting) 3 miles from my home. I have never been fired before. I would never violate the hipaa law. I have been doing this job for over 30 years. All I want is my unemployment benefits which I deserve. I was a good employee. They lost a good worker. It is a shame.. I think I am going to appeal and it give it my best. I might bring an attorney with me.