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Who can help me now that my appeal regarding a wrongful termination has been refused by a former employer?

Saturday February 1, 2014
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Dear Nancy,

I was terminated from my job after being put on administrative leave. After one month I met with the nurse director, prior to termination, after being accused of not charting narcotic medication correctly on specific days of work. I am a meticulous nurse and did not agree and asked for
an investigation.

Upon investigation, nothing new was found, and I was terminated. I did find proof that the days in question of incorrect charting did not coincide with days worked.

I appealed the decision in a written letter to the CEO. My appeal was refused as the office of CEO said they never received the letter and that I had not been calling. I have phone records to prove I made all of these calls and proof that the letter was faxed successfully via confirmation received from an Internet fax company. I obviously need to follow up with someone at my former facility. Who can help me with this situation?

Simone



Dear Nancy replies:

Dear Simone,

From the description of the events that occurred in this situation, things don't seem quite right in terms of how your facility administration handled your termination and your attempt to appeal it through established procedures. Your best bet is to consult with a nurse attorney or other attorney in your state who works with employees and who can evaluate the situation with the specific events that took place.

If you have not done so already, journal what happened with dates, those with whom you talked, what you talked about and so forth. Locate your employee handbook and review what it says about appeals and termination of employment. Take these, along with your fax confirmation of the letter you sent. If you have phone records of calls made during the time period in question, take those too. Also, if you have the documentation of the days in question and your days off, be sure the attorney reviews them as well.

You did not mention this, but did your former employer report its concern to the state board of nursing? If not, or not yet, be sure you raise that concern with your attorney as well, since it may be an issue in the future.

Cordially,
Nancy




Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.