Legal Question in Employment Law in California

I'm a MH Clinician in San Francisco who is currently being placed on unpaid administrative leave while the organization investigates a false accusation by a client of the agency's. She has claimed that I violated an ethical rule. There is absolutely no evidence that her allegation is true, and it's uncorroberated. If it's just a credibility issue, and who's more believable, then I should get re-instated. I've been a model employee with no previous complaints or personnel issues for 2 years of employment. The agency will be laying me off, along with 25 other staff as of two weeks from now, anyway, as the program is closing down. The CEO will be deciding whether or not I can return to work, after HR submits the summation their investigation. There are no "witnesses", just co-workers who were interviewed by HR--one on my "side", an RN who states that the client is a liar, very ill, has had similar issues with staff in the past, and that I am highly ethical. My fear is that there are people who don't like me there, and may try and bring me down by lying about me. I know slander is occurring there right now, through a worker that happened to tell me that the other day, co-workers were talking about this incident, and sharing their opionions concerning my guilt.

Any merits here for WT if they fire me, I'm female, in my 50s, and gay. ( As a side issue, I also had a slip and fall at work, which occurred an hour before HR called me with the news that they were putting me on leave without pay--I filed an incident report at work, and WC claim the following day.)

Anything actionable here? As far as Wrongful Termination (Female, 50's, gay), or defamation? Thanks, I love this site.


Asked on 8/02/10, 12:55 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello,

This sounds like a challenging situation. If you like, please briefly describe the facts of your case by e-mail at [email protected] and I will see if I can help or refer you to someone how can.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

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Answered on 8/07/10, 3:00 pm
Terry A. Nelson Nelson & Lawless

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy. Complaints from anyone are clearly grounds for termination unless conclusively proven false. Your word versus theirs is NOT such proof. Nor are conflicting witness statements. You've said nothing that would indicate or prove discrimination, and 'unfair' treatment is not illegal.

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Answered on 8/08/10, 2:01 pm


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