I am an RN in Oregon and have been terminated 3 and a half weeks before my 180 day probation after filing a serious compliance concern
I was witness to inappropriate sexual touching/fondling by my senior manager. I was a new employee still in (180 day) probation period . I was involved in reporting the behavior. The outcome of the investigation was that my senior manager was "dealt a serious discipline; which was monitoring for 12 months" This outcome of his investigation was delivered to me the day before I was fired (3 weeks prior to my completion of my probation) because I had not offered information re: a reprimand on a work license which had occurred before I was hired. I was told by the licensing committee that I could apply for and attain employment and that my license was not restricted, suspended or revoked in any way. During the application process, I had completed every question accurately and followed policy , but was told 3 days before being terminated in an unrepresented meeting with my manager and the same HR rep who interviewed me regarding the compliance complaint that "it is not a question of policy violation or work performance but a question of ethical principal." I had perfect work performance reviews, excellent peer referrals from previous and current employment, and positive comments about my ongoing work performance which I have email documentation of. The sexual behavior/acts committed by my senior manager were so graphic I have chosen not to include them here but had caused me extreme humiliation and discomfort that I was forced to continue meeting with that senior
manager and at no time was he placed on administrative leave. To make matters worse my termination meeting was initially to be held in his office (I have emails documenting request to move location). In the meantime, the union has filed an unlawful act of not allowing me union representation for my initial meeting which ultimately ended in my termination. I do not know how to proceed, I fear this may harm my future ability to work.(though I am looking actively)
Can I claim unemployment while I seek work?
Does my case need representation?
Yes, as you tell the story, I think you would have a very good case to obtain unemployment benefits.
Of I think you should be represented at an unemployment appeal hearing
. This is just my opinion, but it is your call.
Apparently, your employer wasn't satisfied to just choose some innocuous reason to fire you,they decided to fight the fire you started with one of their own alleging "questionable ethics".
In my mind, the only reasons an employer would choose to do so is because they aren't worried about any retaliation case sticking you might bring. Or, they believe they have the ability to damage your credibility with something you didn't make me aware of.
Yes, if it were I, I'd definitely talk to a lawyer because it all sounds a whole lot bigger than just collecting unemployment benefits .. (Oregon unemployment does not require attorney representation for unemployment appeals.)