I collect unemployment if I have been fired for excessive force?
(Barnstable, MA; USA)
I work security in a hospital. A patient (female) became de-fiant then uncooperative with a RN. The RN ordered security to escort this patient into an isolation room. During the escort the patient became assaultive by spitting directly in my face. The 2 other security officers still had a grip on her and forced her to the floor. I went back in the isolation room and assisted the others in restraining her long enough for us all to clear the room. I took 2 days off from work as a result of the spitting (to get checked out by my own MD) however on the day I was to return the dept. supervisor stated I was now on administrative leave (with pay) pending an investigation. Six days later I was terminated for excessive force in restraining this person.
Now, we have never been trained to escort patients; violent or otherwise, it is not in our job description and during a management meeting 3 months ago it was brought up as to when we would be trained on this procedure... no answer and lastly 2 officers went out on Workers Comp for getting injured performing this procedure with other violent patients... in both instances surgery was required.
Our job as security is simply; observe, notify and report however the hospital has been using us for everything from getting food to answering phones.
Can I collect un-employment for being terminated under theses circumstances?
You know I can't say for sure one way or the other, but I can say I would personally try under the same circumstances.
It's the point you made about lack of training and the fact that you are not an "orderly", but a security guard and they have been having you perform duties outside your security guard duties. You also stated that the employer had been asked when training would be provided and this has yet to happen. Strong points.
I of course cannot read the employer's investigation report so everything is contingent upon what you've said.
In addition, you live in Massachusetts. Which if not quite as claimant friendly as in past years is still friendly enough to have one of the highest recipient rates in the country.