Legal Question in Employment Law in California

I was terminated after mssing one of my patients on a busy night. No harm came to the patient. The charting entries I made for billing were used against me to claim they were made to hide my mistake. They lied about the charge nurse reporting the incident and I won my unemployment case. I later found out that 3 people from management spoke to this charge nurse. I never denied I missed the patient or that I made entries when I hadn't seen the patient. I charted about 11 items when I didn't see the patient compared to about 20 when I did. I have proof from 27 years of annual performance appraisals that this was out of character for me. Management also reported the lie to the California Respiratory Care Board and they have been backlogged so still have not been able to tell my side of the story. I understand the meaning of employment at will but what I don't think an employer should be able to do is fabricate evidence to prove their accusations. My reputation has been destroyed not to mention the effect this had on me emotionally I had just turned 55 a month before being fired. How much would it cost to meet with a lawyer to tell the entire story (there is more) I was never told who the shift lead who reported the charge RN had been the one to notify them of my mistake. I never got a chance to give a defense because I was hospitalized after the event and was called into HR after my mgr already had convicted me. I asked if I could ask a question and was told no by the HR manager. If nothing else I still have to respond to the licensing board and would like to be able to find out why 3 managers felt it necessary to talk to this charge RN when I had already admitted to the mistake and making charting entries. I have my theory of why and believe with a lawyer and through discovery I can disclose unethical unprofessional conduct by my manager and have a case for defamation of character and blacklisting. Okay so it's a long question

Asked on 1/17/14, 3:16 pm

3 Answers from Attorneys

Roy Kohler Law Offices of Roy Kohler

You ,may have a wrongful termination case against the hospital and you may need assistance with the licensing board.

I work on a contingency fee basis. No pay unless I am successful.

Roy Kohler (619) 442-0042

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Answered on 1/17/14, 4:28 pm
Charles Perry Law Offices of Charles R. Perry

I would look for an plaintiff-side labor lawyer in your area. It is conceivable that you have an age-discrimination claim against your former employer. Other claims also may exist.

Many plaintiff-side labor lawyers work on a contingency, meaning they only get paid if you recover something. Most of them will offer a free consultation. A number of services exist to help you find counsel, including Lawguru.

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Answered on 1/18/14, 2:11 am
Terry A. Nelson Nelson & Lawless

You described a firing for 'actual cause', misconduct, fraudulent records, etc. How is it you think you can claim it was a 'lie' when you admit in this posting that you did the things alleged??

Sorry, I've been doing employee rights litigation for many years, and this does not sound like a 'termination' case with any merit.

What you need to focus on is defending against loss of your license. Feel free to contact me for the legal help you definitely need in that.

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Answered on 1/18/14, 8:54 pm

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