Skip to main content

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

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

Posted

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

Mark as helpful

2 lawyers agree

8 comments

Asker

Posted

thank you for your advice atty, yes i reported it to the hR and tried to fix but they did it again on jan 23, 2013 .i saw them and tried to stop them and at that afternoon i was terminated,,they gave my final pay but lacked 4hours OT i worked 4:24am till they came and handed me my termination paper and final check around 4:20pm ..earned vac leave was not included..worked 5yrs 3mos and 23days .never used earned leaves

Neville Francis Fernandes

Neville Francis Fernandes

Posted

Since they failed to pay you your OT and vacation pay you would be entitled to both plus waiting time penalties which can be up to six weeks of additional pay. Also, you possibly have a retaliation, whistleblower and wrongful termination claim.

Asker

Posted

is it mandatory for a California employer engaged in Carhome business to give his regular employee that incentive i mean vacation leave pay atty?because they said its not the company policy, thanks

Neville Francis Fernandes

Neville Francis Fernandes

Posted

No, CA law does not require an employer provide vacation time. But if an employer provides it either through a written agreement or even from an implied practice then they are obligated to pay out accrued vacation at the time of separation.

Asker

Posted

i mean Carehome business .he has 5 carehomes and 6 programs

Neville Francis Fernandes

Neville Francis Fernandes

Posted

If I'm understanding your question correctly, no. No CA employer is required to provide vacation time including carehome businesses, but a carehome business would still have to pay you out for accrued vacation time if it decided to provide vacation. It also would owe you any unpaid OT.

Asker

Posted

am sorry i already took a lot of your time atty but am already educating myself just reading your answers . if am entitled to be paid accrued leave ? who will decide? what do you mean by accrued leave ..thanks

Neville Francis Fernandes

Neville Francis Fernandes

Posted

It's a complicated question. You should have a full consultation with an employment lawyer.

Posted

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 intended to create an attorney-client relationship. If you need specific advice regarding your legal question, you should consult an attorney confidentially. Many experienced California labor and employment attorneys, including David A. Mallen offer no-risk legal consultations to employers and employees at no charge. David A. Mallen is licensed to practice law before all state and federal courts in California, as well as the California Labor Commissioner and the California Unemployment Insurance Appeals Board. Failure to take legal action within the time periods prescribed by law could result in the loss of important legal rights and remedies.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

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 purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.

Mark as helpful

1 found this helpful

2 lawyers agree

Posted

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 based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.

Mark as helpful

1 found this helpful

3 lawyers agree

2 comments

Christine C McCall

Christine C McCall

Posted

Actually it is the federal Drug Enforcement Administration (DEA) that administers and regulates physicians' drug prescribing privileges, including issues of misconduct based on abuse of the prescribing power.

Michael Robert Kirschbaum

Michael Robert Kirschbaum

Posted

Thank you CMc. I stand corrected.

Posted

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. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

Mark as helpful

1 found this helpful

1 lawyer agrees

Business topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics