Legal Question in Elder Law in Wisconsin

a co-worker falsely accused me of abusing the elderly which isn't true. I think I might get fired, If I get fired, do I have a case?


Asked on 7/22/09, 7:55 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Getting fired may be the least of your worries, since instances of harming elderly persons in institutional settings often lead to criminal prosecutions where jail or prison is a possibility, depending upon how severe the misconduct may have been. However, even if no criminal charges are filed, persons reporting misconduct in nearly any situation are privileged and immune from suit on account of such reports so long as the reports turn out to be true and are made in good faith. A lawsuit against a coworker making a truthful report would therefore likely be thrown out of court. On the other hand, any false statement which leads to economic damages such as being fired can form the basis for a defamation suit wherein you may be able to recover damages and attorney fees. You owe it to yourself to consult with an experienced criminal lawyer as soon as possible and before you make any further public statements about this incident which could be used against you later. The observations which I am offering in this public web forum are extremely general and may not apply to your specific case, and do not create any attorney/client relationship between us.

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Answered on 7/28/09, 6:40 pm


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