Legal Question in Employment Law in California

retaliation, wrongful termination

I have been working there more the 3 yrs, very good evaluations

I was denied overtime . Despite the Union Rule very clearly indicate. It should go down the seniority list , the most senior tech has the first bit.

My hiring dated was changed . Constantly harassed by her closed associates

I was working there more than three years only 3 constructive errors in my files. The Hospital fired me on hearsay after i reported them to EEOC and FEHD

******** In 2/13/2008 This same supervisor (Sylvia Flood) alledged/attempted to write me up on fabrication. I told her that I have ( nurse /itness ) She became very angry,he got up and pushed me.

I told my manager,they did nothing

Witness (Mariam , Deidre , Edward( the tech that was helping in her attempting to

write me up).

****** 1 St Constructive written warning

I left some requisitions for chest x rays with patients' names facing up,

going to get water for my medication because i had a fever/bronchitis that day. The nurse was my witness , she took the temperature for me on that day . I was written up without verbal warning as per Union rule. The document was put in my file

****** 2 nd Constructive Written warning

Management accused me of 5 sick calls in 6 m


Asked on 10/02/08, 7:14 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: retaliation, wrongful termination

You have only union grievance rights for most of your claims, other than if you can prove actual 'retaliatory firing' for whistleblowing. The burden of proof is on you. If you think you can prove it, feel free to contact me.

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Answered on 10/06/08, 5:52 pm
Arkady Itkin Law Office of Arkady Itkin

Re: retaliation, wrongful termination

Hello. It sounds like you may have legitimate claims for retaliation and wrongful termination, but more facts are need to establish that. I am an employment attorney in San Francisco. If you would like to discuss this further, feel free to follow up.

Arkady Itkin

http://www.sanfranciscoemploymentlawfirm.com

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Answered on 10/02/08, 9:54 pm


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