Legal Question in Employment Law in Wisconsin

I am an RN and was discharged related to a patient complaint that was derived from a 3rd person at a bar stating I spoke with the in relation to pt in questions medical stay, which I was not involved in, present for, and only had 3rd party non specific info from another pt upon my return to work. (Discharge 8/24 pt stay in late April aprox). Anyhow I did not have this conversation but was at the bar the night in question. From other employees that handled the pt stay family and friends very upset with hospital and I feel I am target for retalliation. Is this right?? I have been denied unemployment because employer states I breached confidentiality--where do go from here

Asked on 10/06/09, 7:23 am

1 Answer from Attorneys

JAY Nixon nixon law offices

You are in dire need of an immediate consultation with an experienced employment lawyer. Although the time limit may have expired to challenge your unemployment denial, one thing which you could have done would have been to appeal it, all the way to the Supreme Court if necessary. During the UC hearing would have a right to subpoena witnesses, and those could include the informant who got you in trouble. Then you would have a chance to cross examine him and see how strong his story is, and/or determine why he may be "out to get you" to the point of making things up about you. Although the amount of money at stake in the UC claim may not be worth all this trouble, the information which you could obtain might help you out many other ways. One of those which you should also consider is a defamation suit against this person, since you could get actual damages awarded by the court for lost past and future wages if his story proves untrue (in the opinion of the judge or jury). Once you get a court finding that the story was false, you should be well on your way to rehabilitating your reputation for purposes of your future nursing career. You also should take advantage of all appeal remedies available through your employer and/or union to the very highest level of review available to you. My comments here are not intended as legal advice, not to create an attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email.

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Answered on 10/18/09, 8:25 am

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