What is the name of your state (only U.S. law)? Illinois i worked at a hospital i was a very hard and dedicated cna to my patients. I got called down to hr one day and was told i was fired for inappropriate behavior. i told them i don't understand. can you tell me what i did wrong. they said no because you might retaliate. they then escorted me up stairs to get my things while i cryed and was hysterical. then back down through the lobby and outside. in front of all kinds of different people in the small town i live in. i was very embarrassed and don't even know what i did wrong. . i told my boss of the floor i worked on i didn't understand . she said she didn't either she has never seen me do anything inappropriate. but she said she won't stand up for me because she doesn't want to loose her job she has a student loan to pay for.
-
FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
By continuing to use this site, you are consenting to our Terms of Service and use of cookies.
was i wrongfully fired?
- Thread starter svasoli
- Start date
Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills Please click a topic or scroll down for more.
eerelations
Senior Member
It sounds like you were fired because a coworker reported that you were behaving inappropriately, and the higher-ups believed him/her. The coworker may or may not have been lying, but either way, it's legal to fire you for this reason.
A wrongful termination means getting fired because of things like your race, gender, age, religion and/or disability. Nothing in your post indicates you were fired for a reason like this. Ergo, you have no legal recourse.
A wrongful termination means getting fired because of things like your race, gender, age, religion and/or disability. Nothing in your post indicates you were fired for a reason like this. Ergo, you have no legal recourse.
Last edited:
commentator
Senior Member
When you file a claim for unemployment benefits, it may help shed light on the subject for you. You will file, saying you were simply called in one day without any prior warnings or any idea what you did wrong and told that you are being fired for behaving inappropriately. As long as you have monetary eligibility for benefit (have been working for a covered employer during the last two years enough to have sufficient wages to set up a claim) then they will make an eligibility determination based upon your reason for separation. The employer will be contacted and asked why you were terminated.
There are two reasons for termination that will keep you for being approved for unemployment. These are job related misconduct of some type for which you were given sufficient warnings and indications that your behavior was unacceptable and if you continued with it, you would be fired. Then the employer would show that you did in fact continue the misbehavior, and this was the reason you were terminated.
Or else it can be gross misconduct, which is something so blatant and wrong that any reasonable person would have known they shouldn't do it, even once, and may be terminated for doing it even if they had no prior warnings. Setting the building or fire, punching out a co worker, stealing from the med carts, there are a number of this type offenses.
No, in order to terminate you legally, they do not have to have any proof you actually did something. But to keep you from receiving unemployment benefits, which cost the business money, they would have to show the unemployment system that they have reasonable proof you did what they think you did. A decision would have to be made on whether or not they had sufficient reason, or else you'd be granted unemployment benefits while looking for another job.
See where this would help you figure it all out? At least you'll have some idea why you were fired, unless, as they have done sometimes, the employer tells the unemployment system you have been let go for a non fault reason, in other words, chooses not to oppose your receiving benefits. Sometimes they just want rid of you, and just want you to go away without any issues or further contact, and they'll not object to your receiving benefits and will refuse to provide a reason why you were terminated. There's nothing illegal about them doing this, either.
Honestly, most people have some clue of what it is they may be accused of, or what may have been going on. But if you don't that still isn't illegal. They can fire you at will, and don't legally have to give you a reason.
There are two reasons for termination that will keep you for being approved for unemployment. These are job related misconduct of some type for which you were given sufficient warnings and indications that your behavior was unacceptable and if you continued with it, you would be fired. Then the employer would show that you did in fact continue the misbehavior, and this was the reason you were terminated.
Or else it can be gross misconduct, which is something so blatant and wrong that any reasonable person would have known they shouldn't do it, even once, and may be terminated for doing it even if they had no prior warnings. Setting the building or fire, punching out a co worker, stealing from the med carts, there are a number of this type offenses.
No, in order to terminate you legally, they do not have to have any proof you actually did something. But to keep you from receiving unemployment benefits, which cost the business money, they would have to show the unemployment system that they have reasonable proof you did what they think you did. A decision would have to be made on whether or not they had sufficient reason, or else you'd be granted unemployment benefits while looking for another job.
See where this would help you figure it all out? At least you'll have some idea why you were fired, unless, as they have done sometimes, the employer tells the unemployment system you have been let go for a non fault reason, in other words, chooses not to oppose your receiving benefits. Sometimes they just want rid of you, and just want you to go away without any issues or further contact, and they'll not object to your receiving benefits and will refuse to provide a reason why you were terminated. There's nothing illegal about them doing this, either.
Honestly, most people have some clue of what it is they may be accused of, or what may have been going on. But if you don't that still isn't illegal. They can fire you at will, and don't legally have to give you a reason.