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Wrongful Termination! HELP Indiana

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  • Wrongful Termination! HELP Indiana

    I work with disabled adults, they live in thier own homes (not group homes) and have staff there to help them ON the weekend of 1-14-12/1-15-12 I worked 48 hours straight There was no other staff to relieve me I called everyone trained with this client!! so i stayed because if i had not it would be abandonment and i would be in jail facing serious charges.

    On 2-2-12 I was called while at work by the HR guy and he terminated me for working 48 hrs straight then when i said i will be going home you better get someone here to replace me, he informed me if i left (although he had already terminated me) he would file abandonment charges against me!

    The abandonment law pertaining to the field i work in states that if you leave a client alone that is suppose to have 24/7 staff you can be charged and in serious trouble through adult protective services, so by staying to be sure my clients were taken care of i got fired????

    How does this make any sense at all? It doesnt!! Please any advice or help on how to follow through on a wrongful termination lawsuit would be so appriciated.

    IF i was in this situation again i would still choose to stay at work why??? BECAUSE that is the RIGHT thing to do, the clients can not help it if there arent enough staff and i got fired for caring about my clients!!??

  • #2
    Das ist in der Doktor!

    Soooo, I take it you stayed until a replacement arrived?
    Did you get paid for your time until a replacement arrived?
    After your replacement arrived, did you get fired for a second time?
    Firing you for working 48 hours straight was not illegal, nor is getting fired twice in the same day illegal, stupid but not illegal.
    My guess would be that if anyone would have been charged with abandonment and or fired, it would have been HIM.
    The minuet he fired you, YOU were no longer an employee.

    This is what the law has to say about wrongful termination.
    http://employeeissues.com/wrongful_termination.htm

    If you’re still fired, file for UI.
    I would urge you however to speak with an attorney just to be sure but as per your posting, I don’t see you having a case for wrongful termination. Sorry.
    ..___________________
    ~ Free advice is like a public defender,
    …you get what you pay for.
    Last edited by drruthless; 02-04-2012, 07:08 AM.

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    • #3
      I stayed because I chose to NOT leave my clients alone (i care very much aboout them) NOT because he said i would be charged with abandonment i wasnt an employee any longer he fired me

      I dont know if i got paid, i wont know until i see my check stub and the amount of hours i have on it

      I am thinking he abandoned them or put them at risk due to firing me with nobody there to replace me, doesnt that sound correct?

      thanks i am going to talk to an attorney

      Comment


      • #4
        He did not fire me the second time which makes this situation even more illegal Thanks for asking that because now if i am correct i am still employed if i got paid for staying Like he fired me a minute later rehired me.but he did not fire me again after that.

        Comment


        • #5
          Das ist in der Doktor!

          Originally posted by pamleo View Post
          I stayed because I chose to NOT leave my clients alone (i care very much aboout them) NOT because he said i would be charged with abandonment i wasnt an employee any longer he fired me
          Yes, I understand, I would have done the same myself

          I dont know if i got paid, i wont know until i see my check stub and the amount of hours i have on it
          In the State of Indiana, employees who are fired, discharged, terminated, or laid off
          the employer must pay the employee all wages due by the next regular pay day.
          Indiana Code 22-2-9
          You MUST be paid for all hours worked, so I guess you’ll find out on your next pay day.
          If you come up short you can file a claim with your state Dept.of Labor or it's equivalent
          Just be sure to report for work when and if the next time you’re scheduled to do so.
          If anything is said, I guess you’ll know, if you’ve been fired or not.

          I am thinking he abandoned them or put them at risk due to firing me with nobody there to replace me, doesnt that sound correct?
          Yes, I would tend to agree as well.
          Do get back with us won't you and let us know how it works out.
          I wouldn't be too surprised if there wasn't an opening coming up in HR soon.....
          Good Luck.
          .._________________
          ~ Free advice is like a public defender,
          …you get what you pay for.
          Last edited by drruthless; 02-04-2012, 11:26 AM.

          Comment


          • #6
            Follow the above advice with respect to speaking with an attorney.

            It is not crystal clear to me from your post why the HR representative terminated you. Did he fire you for working 48 hours and not abandoning the disabled client? If so, this appears extraordinarily wrongheaded since you and your employer would have likely faced criminal and civil liability if you left the client alone following your scheduled shift.

            You may have a breach of public policy claim. During a consultation with a knowledgeable local employment law attorney, he or she can advise you whether such a claim and/or other employment at will exceptions are viable options for you.

            Comment


            • #7
              yes that is exactly what happened. I worked 48 hours and did not abandon my disabled client, and was terminated. And you are exactly right but I would have faced criminal charges of abandonment and neglect.

              thank you!!





              Originally posted by ESteele View Post
              Follow the above advice with respect to speaking with an attorney.

              It is not crystal clear to me from your post why the HR representative terminated you. Did he fire you for working 48 hours and not abandoning the disabled client? If so, this appears extraordinarily wrongheaded since you and your employer would have likely faced criminal and civil liability if you left the client alone following your scheduled shift.

              You may have a breach of public policy claim. During a consultation with a knowledgeable local employment law attorney, he or she can advise you whether such a claim and/or other employment at will exceptions are viable options for you.

              Comment


              • #8
                Was there some other action you should have taken but did not such as contacting a supervisor first? If so, yes, you could be terminated legally for not following the company protocol and putting the client at risk/ working unauthorized OT/ working more hours than allowed.
                I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                Comment


                • #9
                  Originally posted by pamleo View Post
                  I work with disabled adults, they live in thier own homes (not group homes) and have staff there to help them ON the weekend of 1-14-12/1-15-12 I worked 48 hours straight There was no other staff to relieve me I called everyone trained with this client!! so i stayed because if i had not it would be abandonment and i would be in jail facing serious charges.
                  Did you call your supervisor?

                  Originally posted by pamleo View Post
                  On 2-2-12 I was called while at work by the HR guy and he terminated me for working 48 hrs straight then when i said i will be going home you better get someone here to replace me, he informed me if i left (although he had already terminated me) he would file abandonment charges against me!
                  HR was wrong to do this. Sound like a extremely disorganized company. He did fire you, then continued your shift.

                  Originally posted by pamleo View Post
                  The abandonment law pertaining to the field i work in states that if you leave a client alone that is suppose to have 24/7 staff you can be charged and in serious trouble through adult protective services, so by staying to be sure my clients were taken care of i got fired????
                  You also have the responsibility to have fresh staff to replace you as a tired staff can make a mistake.

                  Originally posted by pamleo View Post
                  How does this make any sense at all? It doesnt!! Please any advice or help on how to follow through on a wrongful termination lawsuit would be so appriciated.
                  We are not allowed to give legal advice on this website.

                  Originally posted by pamleo View Post
                  IF i was in this situation again i would still choose to stay at work why??? BECAUSE that is the RIGHT thing to do, the clients can not help it if there arent enough staff and i got fired for caring about my clients!!??
                  I work as a SS at an ALF. If my replacement does not arrive it is my duty to call everyone on the list all the way up the ladder to find one. Every staff and employee knows how to work with clients. They might not have been trained on all clients, but they can do the job.

                  Comment


                  • #10
                    Originally posted by ElleMD View Post
                    Was there some other action you should have taken but did not such as contacting a supervisor first? If so, yes, you could be terminated legally for not following the company protocol and putting the client at risk/ working unauthorized OT/ working more hours than allowed.
                    I did contact my supervisor, she knew i was going to be working 48 hours straight before i actually went in and did it. I also contacted every staff trained with these clients and nobody was available to work. By working i kept the client safe, if i had left then they would have been at risk. State law says if you leave without replacement you can face abandonment and neglect charges.

                    Comment


                    • #11
                      I don't understand how an "HR guy" has the authority to fire a non-HR person.

                      Comment


                      • #12
                        Originally posted by eerelations View Post
                        I don't understand how an "HR guy" has the authority to fire a non-HR person.
                        Me either, i never heard of an HR guy checking into staffs mileage or timesheets either. He doesnt like me, i was a program director before he demoted me. I called the executive director on him a couple times and he has had it in for me since.

                        Comment


                        • #13
                          While I agree that it's unusual for HR to have the authority to fire someone not in their direct line of report, it's up to the employer who has the authority to fire who. It's not determined by law.

                          (I wish all the posters who operate on the assumption that employees are fired by HR in direct defiance of the wishes of the direct manager could read this! )
                          The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

                          Comment


                          • #14
                            Agreed. I am very much not HR, and in my experience to the extent HR has a position, it is more likely not-fire, especially when the paperwork in the employee's file does not justify the terminations. Basically when the line manager keeps handing in short but glowing reviews, then wants to hire the employee because they "have always been a bum". In my experience terminations are driven by the line manager, or their boss. HR are just the people who have to deal with lawsuits.

                            There are always exceptions. I can remember way back in the 1980s where we had an on site company holiday party on a Sunday night (always a bad idea). The company president came in early Monday morning for some reason and found two naked employees on his office couch. Those particular terminations had nothing to do with either HR or the employee's line managers.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

                            Comment


                            • #15
                              Originally posted by DAW View Post
                              The company president came in early Monday morning for some reason and found two naked employees on his office couch. Those particular terminations had nothing to do with either HR or the employee's line managers.
                              Oh my goodness!!
                              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                              Comment

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