I was terminated without any noticed at all for failure to dispense medications prperly .i worked 5yrs 3mos, file a complaint?

Asked over 1 year ago - Sacramento, CA

on nov. 28 had an argument with new administrators about scheds not done with proper protocol and welfare of clients and saw them faking medical documents of clients ,, that was the beginning of my being on the hot seat..they verbally terminated me on thedec 1 for lacking continuing education..then lifted it and just asked for a vac leave bec i need it for working straight 5yrs 3mos without any incentive of vac leave with pay but let me signed resignation letter instead inscripted by our HRM when i never intend to resign . when i told them will call labor then they changed to vac leave .then on jan 23 they terminated me for failure to dispense medication properly. i have proofs of the fake signatures.so frustrating ..

Attorney answers (5)

  1. Neville Francis Fernandes

    Contributor Level 11

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    Answered . If they terminated you because you knew they were faking medical documents then that could form the basis of a whistleblower and wrongful termination claim. Did you ever report the false medical documents to any government authority or management?

    Also, an employer in CA is required to pay out accrued vacation time at the employee's last regular rate of pay when an employee is terminated. It sounds like they were forcing you to use your vacation time instead of immediately terminating you which may be problematic. You should speak with an employment lawyer.

    Neville Fernandes
    415.678.8625

  2. Michael Robert Kirschbaum

    Contributor Level 20

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    Answered . It is not clear to me whether you worked for a doctor, medical group or pharmacy. The state medical board has the authority to investigate health care practitioner who violate the law and the FDA investigates fake patient prescriptions. There may very well be insurance fraud going on, as well, which would involved the district attorney's office. As noted by my colleagues, you will need a lawyer to help guide you through these matters, as well as your labor issues. You can either find one by using the "Find a Lawyer" function on this page or going to the website for the California Employment Lawyers Association at www.cela.org and find a CELA member in your area.

    They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion... more
  3. David Andrew Mallen

    Contributor Level 14

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    Answered . In addition to employee rights issues, you raise some serious public health and safety issues that should be addressed with the help of an attorney.

    Ask yourself how you can help fix and repair the harm done by your employer.

    I am very sorry this happened, and I hope you get an experienced lawyer to understand how to defend your rights and pursue your legal remedies.

    David Mallen
    310.895.0107

    David A. Mallen offers answers on Avvo for general information only. This offer of free, general answers is not... more
  4. Christine C McCall

    Pro

    Contributor Level 20

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    Answered . Your post is confusing but perhaps it will be helpful to address the issue framed in your headline: in California, employees can be terminated without any prior notice. The employer retains this right no matter how long the employee has worked for the employer. Employees with employment contracts or union protections may have the right to notice of a duration specified in the contract.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  5. Michael T Millar

    Pro

    Contributor Level 19

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    Answered . I agree with my colleagues. It appears that you may have a wrongful discharge/whistleblower claim. You should consult with a local employment law attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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