Legal Question in Employment Law in California

I was recently fired from my position as a mammography tech after two years of employment.

One of my responsibilities had been to oversee the quaility control program.

State Inspection happens every year (FDA/JACHO), and is tightly regulated-especially for mammography.

Before I began my employment 2008, our department was cited by the state for being out of compliance on one or more of our quality tests that we perform. The following year, we were cited again for the same issues-and I did not know about the prior ones-as my supervisor did not bring it to my attention or post it as she should have.My immediate supervisor did not do her job and make sure we were compliant. She is now fired. I was also blamed for the citatations since I was in charge of the qc books-even thought that same supervisor signed off on them monthly.

I was told at that time that one more violation and our dept. would be shut down.

After returning from Christmas vacation, my "fill in" did mammograms that were out of qc specifications, and should not have been done by law. I immediately told my new supervisor, and she did nothing.

I panicked and made a bad decision by marking in the book that we were compliant, not to bring attention to it until it was resolved.

I then told my supervisor what I did, and the lead radiologist-knowing it was wrong, and we still needed it to be addressed. An investigation was made-I was fired.

Everyone else has their jobs because they were CTA.

Do I have any recourse? It has been very upsetting and difficult, especially now to find a job.


Asked on 2/01/10, 12:01 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You admit to intentionally, illegally falsifying books that could have closed your employer down if discovered.. You have no grounds to complain about termination, no matter the 'excuses.

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Answered on 2/06/10, 1:34 pm


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