nursing home charge against me

[Proserpina]

she probably close to 80 yrs of age......not sure why she is in there..hardly know her....only saw her once for a brief moment with her husband, and once when I did last rounds....for about 1 minute

Ronss, why do you think she made such a complaint?

 

[quincy]

Here is a link to Arizona's indecent exposure law: http://www.azleg.state.az.us/ars/13/01402.htm

It can be charged as a Class 1 misdemeanor.

A defamation claim would be difficult to support if the 80-year-old woman has health factors (poor vision, effects from medication, whatever) that might cause her to see things that are not there. A report to the police based on what she believes she saw would be made in good faith.

For the same reason, an indecent exposure charge would be difficult to support.

 

[tranquility]

I suggest you wait for the investigation to be concluded. Your employer is not in a good position to keep you on when there have been accusations made against you by one of the residents, this whether the employer trusts your story or not.

How old is the woman and what type of rehabilitation is she receiving?

IF your employment is terminated, that would be the time to consider legal recourse.

Especially since he would never work again in his field. The only thing that limits damages is his age.

 

[quincy]

Especially since he would never work again in his field. The only thing that limits damages is his age.

I just don't see how an indecent exposure claim can be supported with what has been said so far.

If ronss has a history of exposing himself, it might be likely that he loses his job - but, without witnesses, I am certainly not seeing any legal action that will be easy to pursue.

 

[tranquility]

I just don't see how an indecent exposure claim can be supported with what has been said so far.

If ronss has a history of exposing himself, it might be likely that he loses his job - but, without witnesses, I am certainly not seeing any legal action that will be easy to pursue.

Really? Have you had an experience with an employer that relied on a customer's claim even without proof or if the reason is not within his understanding based on knowledge of the person? If the OP can be replaced easily, many attorneys would fire rather then spend the money to assess. Assessment costs money. Firing costs much less and has less uncertainty if the assessment is someday considered wrong. What business would not love to limit risk for less cost then it would be to increase risk? Unless the OP is specially awesome, he's gone. (I don't know nursing homes as a business. He may have some value if it would be hard to replace him.) Support an indecent exposure claim? Who cares? I suspect if you are a Catholic institution that will later be illegitamantlty be considered a harborer of flashers; it would be better to tell ronss to not let the door hit him on the way out.

The politics and the law, at least to me, tend toward ronss getting a new job. Is that right? From what has been said, no. But, we have the web of the law to consider. His only option to prevent the hurt is to claim the accuser defamed him.

Over the motivation edit:

If ronss has a "history" of anything, I suspect there is little he can do successfully.

 

[quincy]

... Support an indecent exposure claim? Who cares? ...

I imagine ronss cares quite a bit.

I do not see how a criminal charge can be supported. It could depend on how reliable the 80-year-old's statement to the police is judged to be - and this will get to her physical and mental condition.

I do not think a defamation claim would be easy to pursue. The woman made a report to the police and the report is privileged.

I know that the employer can fire ronss, whether what the woman said is unfounded or not.

 

[tranquility]

"Criminal?" Unless there is more, probably not. Yet we are left with huge damages from a purported defamation.. There will defenses and probable privileges. Yet, OP is out everything. Everything. It must be shopped around if the job is lost.

 

[Proserpina]

Yeah ... I think y'all might want to read this:

https://forum.freeadvice.com/hiring...ursing-assisstant-falsely-accused-565840.html

And there's more.

 

[quincy]

"Criminal?" Unless there is more, probably not. Yet we are left with huge damages from a purported defamation.. There will defenses and probable privileges. Yet, OP is out everything. Everything. It must be shopped around if the job is lost.

"Criminal" in that indecent exposure is a misdemeanor. I do not see how a criminal charge can be supported.

There are difficulties with a defamation claim in that, even if ronss is fired, there is nothing but a report to the police made by the woman in, what I will assume, was a good faith belief in the truth of her statement. Mistaken or not, if not made with actual malice, there is no defamation. There is only a police report that was found after investigation to either be true (not defamatory) or without merit.

With all of THAT said, however, thank you, Proserpina. The link to ronss' earlier thread and a review of his posting history on this forum is educational. He should probably not be working with elderly patients. And he might want to contact an attorney in his area for future advice and direction.

 

[ronss]

She may be suffering from dementia. She may be having hallucinations. There are all sorts of possibilities.

I recommend you let the investigation play itself out. If you are questioned by the police, you would be smart to speak through an attorney, however. You do not want to inadvertently say anything that can be used against you somehow.

That said, if you have been a certified nursing assistant for 20+ years without a complaint, the word of the woman will probably not result in your job termination. It could just be a blip in your career, a forced but temporary time off.

Good luck.

thanks all..i have a job interview today, if things go bad at the other place.....this came out of nowhere, and I was stunned .

 

[quincy]

thanks all..i have a job interview today, if things go bad at the other place.....this came out of nowhere, and I was stunned .

You might want to take a look at how you are interacting with those under your care, ronss.

If you are terminated from your current job, it will be the third time you will have lost a job over patient care problems in only a few years.

Although you have said in previous posts and again here that you are being "falsely" accused each time, there are those who will question your abilities as a nursing assistant.

Good luck with your current job and with your job interview.