How can I fight me being fired?

Im a nurse at a nursing home and they are trying to fire me for something I didn't do. I reported my boss to HR for harassment and ever since she has been riding me and trying to find things to fire me for.

4 Answers

Relevance
  • 1 decade ago
    Favorite Answer

    Go to your phone book. Call your local (usually county) bar association. Ask for names of attorneys that specialize in Employment law for EMPLOYEES (not for companies). When you call the law office(s), insist on speaking to the lawyer - do NOT tell all the little details to the secretary - save the details for the attorney. When you finally get the lawyer on the phone, ask him/her regarding payment #1 first thing: can you make payments? how much will his/her fee be? etc.

    Good luck.

    Source(s): life been there - done that been in the field of Law for twelve years....
  • 1 decade ago

    It really depends state to state about right to work issues, but I think that you should inform hr of the discrimination by your boss due to the earlier harassment complaint. Make sure every thing is documented.

    Source(s): my brain i guess
  • 1 decade ago

    First, I'd suggest talking to an attorney who specializes in workplace harassment law, and giving them all of the facts around what happened. Next, I'll direct you right to www.eeoc.gov and look up harassment.

    Taken right from their site (this is really long, so hang in there). As these things are complex, you should really consider a complete understanding of the law.

    _____________________

    Harassment is a form of employment discrimination that violates Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, (ADEA), and the Americans with Disabilities Act of 1990, (ADA).

    Harassment is unwelcome conduct that is based on race, color, sex, religion, national origin, disability, and/or age. Harassment becomes unlawful where 1) enduring the offensive conduct becomes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive. Anti-discrimination laws also prohibit harassment against individuals in retaliation for filing a discrimination charge, testifying, or participating in any way in an investigation, proceeding, or lawsuit under these laws; or opposing employment practices that they reasonably believe discriminate against individuals, in violation of these laws.

    Petty slights, annoyances, and isolated incidents (unless extremely serious) will not rise to the level of illegality. To be unlawful, the conduct must create a work environment that would be intimidating, hostile, or offensive to reasonable people.

    Offensive conduct may include, but is not limited to, offensive jokes, slurs, epithets or name calling, physical assaults or threats, intimidation, ridicule or mockery, insults or put-downs, offensive objects or pictures, and interference with work performance. Harassment can occur in a variety of circumstances, including, but not limited to, the following:

    The harasser can be the victim's supervisor, a supervisor in another area, an agent of the employer, a co-worker, or a non-employee.

    The victim does not have to be the person harassed, but can be anyone affected by the offensive conduct.

    Unlawful harassment may occur without economic injury to, or discharge of, the victim.

    Prevention is the best tool to eliminate harassment in the workplace. Employers are encouraged to take appropriate steps to prevent and correct unlawful harassment. They should clearly communicate to employees that unwelcome harassing conduct will not be tolerated. They can do this by establishing an effective complaint or grievance process, providing anti-harassment training to their managers and employees, and taking immediate and appropriate action when an employee complains. Employers should strive to create an environment in which employees feel free to raise concerns and are confident that those concerns will be addressed.

    Employees are encouraged to inform the harasser directly that the conduct is unwelcome and must stop. Employees should also report harassment to management at an early stage to prevent its escalation.

    Employer Liability for Harassment

    The employer is automatically liable for harassment by a supervisor that results in a negative employment action such as termination, failure to promote or hire, and loss of wages. If the supervisor's harassment results in a hostile work environment, the employer can avoid liability only if it can prove that: 1) it reasonably tried to prevent and promptly correct the harassing behavior; and 2) the employee unreasonably failed to take advantage of any preventive or corrective opportunities provided by the employer.

    The employer will be liable for harassment by non-supervisory employees or non-employees over whom it has control (e.g., independent contractors or customers on the premises), if it knew, or should have known about the harassment and failed to take prompt and appropriate corrective action.

    When investigating allegations of harassment, the EEOC looks at the entire record: including the nature of the conduct, and the context in which the alleged incidents occurred. A determination of whether harassment is severe or pervasive enough to be illegal is made on a case-by-case basis.

    If you believe that the harassment you are experiencing or witnessing is of a specifically sexual nature, you may want to see EEOC's information on sexual harassment.

    There are three main terms that are used to describe retaliation. Retaliation occurs when an employer, employment agency, or labor organization takes an adverse action against a covered individual because he or she engaged in a protected activity. These three terms are described below.

    _________________________

    Adverse Action

    An adverse action is an action taken to try to keep someone from opposing a discriminatory practice, or from participating in an employment discrimination proceeding. Examples of adverse actions include:

    Source(s): www.eeoc.gov search harassment and retaliation
  • 1 decade ago

    Hire a lawyer etc something like that?

Still have questions? Get your answers by asking now.