Legal Question in Employment Law in Virginia
I am a rehab Therapist who has just been suspended initially for supposedly accusing my supervisor of trying to make me commit fraud; then for leading a �negative� conversation pertaining to inappropriate allocation of treatment minutes. Though I have never accused my supervisor of trying to make me commit fraud I have had disagreements with her in regard to appropriate treatment minutes for certain patients and the intense pressure to meet those goals. The fact that Medicare is billed for treatment minutes does in fact represent a legitimate concern in regard to fraud. I have been reprimanded or questioned numerously for not reaching required minutes allotted.
These accusations against me have come from an unidentified source which in my eyes is hearsay evidence. The fact that I am being punished because I may have expressed worry in regard to my ethical and professional obligations is of great concern to me, as is the potential loss of my job. Do I not have a legal right to express such concerns? Unfortunately this is an ethical dilemma confronted by many therapists who provide care in sub-acute skilled nursing facilities, you either �get the minutes� or you lose your job. That my suspension is related to concerns pertaining to fraud also troubles me; I have not reported my facility or supervisor for committing fraud due to the fact that there is and never will be documented evidence of fraudulent activity, however if an investigation were to take place a drastic reduction in the required treatment minutes would result. At this point I am trying to determine what course of action I can take to protect myself, what are my legal rights? I realize my employment is at will but I feel I am being singled out because of my ethical concerns and this action is more of a punitive than a business response. As I understand it my employer grounds for dismissal are illegal.
Any advice or direction would be greatly appreciated.
Sincerely,
Theresa Domhan-Adams
1 Answer from Attorneys
Yes, if you're fired from your position, you may have recourse against your employer for wrongful termination under what is known in Virginia law as the "Bowman Public Policy Exception" (to the employment at will doctrine).
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