Legal Question in Employment Law in California
unlawful termination
I resigned my position as Charge Nurse and Staff Developer in a Convalescent hospital after 12 years of employment for a position closer to my home with an increase in money, and better benefits.
After a few weeks, I spoke with the Adminstrator of my previous position and offered me more money than I was previously making and paid insurance to return(although less than what I was making). He said they were very short on nurses and were in a desperate position and needed my help, so I foolishly returned.
We hired more nurses, the company replaced the Adminstrator and the Director of Nurses, and after working a great many hours of overtime to help avoid them having to use the ''registry'' nurses, the Director of Nurses made up lies about me and they fired me.
They gave me a ''pink slip'' that stated that I was seen circulating a petition against the Director to ''try to turn others against'' her, and claimed that there were 4 people who saw me!
Should I get a lawyer? They have no proof-as it's a lie!
2 Answers from Attorneys
Re: unlawful termination
1. If you are in a union, grievance is your only recourse.
2. Unless you had a written contract stating otherwise, you are probably an 'at will' employee.
3. You are a short term 'new' employee upon return to your old position, unless they brought you back without a service break.
It may be possible to negotiate a 'severance' package, based upon your facts, and upon the potential for you to file suit. But, the firing for cause and the 'lies' you allege makes it pretty clear they have hard feelings toward you. You won't know unless you try.
A decision to sue has to be based on a lot of factors, including available witness testimony about the 'lies', the costs and risks of suit, and potential recovery if you win. Contact me if interested in discussing facts and fees.
Re: unlawful termination
Interestingly, if you were doing what they allege you did, Federal law may proect your activities and potentially require them to rehire and pay you back pay. Under the National Labor Relations Act, a Federal law that protects employee's rights to form and join unions, concerted activity (that is action by two or more employees or activity on behalf of a group of employees) for the purpose of mutual aide and protection is protected activity. I have never handled such a claim where the concerted activity was percieved by the employer but actually was not occuring, but the concept is interesting. If you would like to pursue this matter, especially if you were actually engaged in distributing a petition, contact me to discuss this matter in more detail.
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