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CONTINUATION FROM:I was fired by my employer when a resident said i verbally abused her her rm is next to the nurses station

Columbus, MS |

i finally called the director of the nursing home &started stated these facts about the cna not being investigated & asked him if this really did happen then why didn't the nurse get up and stop this so called abuse then & wait 2 hours later for a resident to say something he simply told me he found it kind of funny it took 6 months to report this & that he sees nothing wrong w/ the investigation & its been submitted to state and the attorney general & thats not right because i talked for 1 min & he cut me off when i was just asking questions that have not been answered such as 1.if the nurse heard the cna being abusive in any way to the resident its her job/duty to stop the abuse & report it immediately but like i said this was not the case bc it didn't happen2. if 2 aides & a nurse we

Attorney Answers 5


  1. Essentially, you can be fired for any reason or no reason at all absent an employment contract and discrimination based on race, national origin, etc. However, call a local employment lawyer to discuss.

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  2. I agree, unless you have an employment contract, most employment is 'at will' meaning there doesnt have to be any basis for your termination; however, there are exceptions. You should contact an employment/labor attorney in your area to discuss the details of your termination and determine the approprate next step. Best of luck

    I am licensed in California, therefore, my answers are based on general prinicpals of law or California law, which may not be applicable in your jurisdiction. Answers posted to Avvo are for general information only. Do not conclusively rely on any information posted online when deciding what to do about your case. Every case depends is fact dependent, and responses are limited to and is based on the information you posted. No attorney-client relationship shall be created through the use reading of this response on Avvo. You should never delay seeking legal advice, disregard legal advice, or commence or discontinue any legal action because of information in this response.


  3. You still need to call a local employment law attorney ASAP.

    Good luck.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being provided for informational purposes only because the laws of your jurisdiction may differ. This answer based on general legal principles and is not intended for the purpose of providing specific legal advice or opinions. Under no circumstances does this answer constitute the establishment of an attorney-client relationship.


  4. Your employer has the right to terminate you for any just about any reason for the exception of discrimination.

    I recommend that you consult an employment law attorney

    Good luck.

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  5. You can be fired for any reason. If you are in a special group, e.g. race, gender, age, ethnicity, handicapped, etc. they may have a harder time justifying the firing. If you have a union rep, contact them ASAP. Then find the top lawyer in MS who handles employment cases. You may need to go to a large city to find the best man or woman, but its worth the trip. Good luck

    Please note that these answers are provided as a community service and are not meant to create an attorney-client relationship.

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