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Nurse fired after 9 yrs for being falsely accused of verbal abuse

by Anon N.
(California)

After nine years of satisfactory employment with a company, I was terminated because a mentally retarded patient who is known for making up lies against staff, accused me of cursing at her.


My Director states this lie was substantiated because someone claimed they heard the curse word, but wasn't sure who said it.

What's even more upsetting is that I don't even use curse words. When asked, several co workers whom I've worked with for years stated they've never heard me use bad language, or be nothing but professional towards patients.

I have an appeal coming up for my unemployment.

My question is how likely am I to win my appeal?




Hi,

I don't have a crystal ball to answer your question. However, I can point out what I think might be important to the outcome from some details you did provide by text, I assume.

You were discharged, therefore, whether you were initially denied benefits or not, it's the employer who must prove you guilty of misconduct via a preponderance of evidence and DIRECT testimony. To hear you tell it, the employer's evidence, which is based on hearsay that doesn't directly identify you as the curser .. sort of stinks to high heaven. That is if sustaining their burden for having good cause to fire you requires more than speculation and hearsay testimony that "someone" heard the curse word, but is not sure who
said it.

But, it also sound like there was some sort of "investigation".

For instance, you tell me there are former co-workers who will say you do not curse and always act professionally. I ask you, have you enlisted their aid as witnesses to testify on your behalf as they could greatly aid your credibility factor and also help you rebut what the employer might try to present as direct testimony from conducting an investigation into the matter.

In other words .. it would be easier to tell you if I thought you could win, if you were more forthcoming with how you plan to rebut and prove the opposite of what your employer will try to prove.

3. Nine years of exemplary service for this employer is not good cause to waive even one act of intentional work misconduct that is so egregious a reasonable person would know it's wrong.

I tell you this so you might let those years of good service go .. because it's not what will win if you let it go to how you feel about your discharge being the only reason you shouldn't be denied.

It takes the focus off why the employer's burden should be found insufficient to continue denying benefits for losing your job through no fault of your own, if you had only worked their for a short time too.

Chris

Need a CA unemployment hearing rep?

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