Home > Research Legal Advice > Employment / Labor > Wrongfully fired, rehired but the slander continues and it affects my jo...
Asked 12 months ago - Battle Ground, WA
FlagI am a caretaker for development disabled clients. I’m a nursing assistant registered. I have worked for a company for over two years and I do my job very well. I was wrongly fired by an employee who is no longer with the company. I was offered my job back and I won the month of unemployment that I was denied at first. Since I have been back to work everything has been good except we have a nurse who delegates us so we can dispense medication. She will not delegate me and has slandered me continually. By her not delegating me I cant perform my complete job requirements. She has no reason for not delegating other then what the previous employee has told her which was not true. This affects my job daily. If I was to change jobs it will affect a new job as well do to her slandering me. What can do? To get her to stop befor she completely destroys my reputation and my lively hood
I am a California attorney and cannot give legal advice in your state. My comments are information only, based on federal law and general legal principles. YOUR STATE MAY HAVE ITS OWN LAWS THAT OFFER SIMILAR OR GREATER PROTECTION. If I mention your state’s laws, it only means I did a quick Internet search and found something that looked relevant. You MUST check with an attorney licensed in your state to learn your rights.
Have you considered asking to speak with her privately, in a professional manner, and talking with her about this? You might say something like you have noticed she never assigns you to dispense medication, even though it is part of your job description. Ask her if there is something you have done to make her feel you are not able to perform this task. Perhaps this will open up a conversation and you can find out what is really bugging her. Do not blame anyone else, including the employee who fired you before. Just talk about yourself, your competence and your interest in doing you complete job duties and doing them well.
If this doesn't work, you can try approaching human resources, again in a professional manner.
Yes, I know it's frustrating and somewhat humiliating to have to do this. The harsh reality is employees have very few employment rights, and employers have a lot of leeway in how they choose to run their businesses. In general, an employer can be unfair, obnoxious or bad at management. There are some limitations, mostly in the areas of public policy (such as discrimination law), contract law, union-employer labor relations, and constitutional due process. Please look at my Avvo guide to at-will employment which may help you understand employment rights: http://www.avvo.com/legal-guides/ugc/an-overvie....
After you take a look at the guide I linked to above, you may be able to identify actions or behavior that fits one of the categories that allows for legal action. If so, an experienced plaintiffs employment attorney may be helpful.
I hope you can resolve your situation and wish you the best.
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