Entertaining a wrongful termination lawsuit

[gateway209]

What's the likelihood of success here when you are hired as 'at will employment'?

[LadyInTheRed]

It depends on the facts of the case and what evidence you have. The best way to find out is to consult with a couple of attorneys who specialize in wrongful termination suits.

[NoMoreCards]

In Michigan, I had 3 different lawyers tell me NONE. This was many years ago, but at will means just that.

[gateway209]

I realize this is very iffy and I think the laws vary from state to state. I called an attorney who is the preeminent attorney for handling cases like this in my area. I was instructed to send a letter with the details and if there was any merit to the claim, they would schedule an appointment with an initial $250 payment up front. I guess they don't work on contingency. My problem is that I would never be able to prove my contention on why I was fired, namely that I was making 'noise' about patient safety issues. I work in a hospital. The stated reason I was fired on the day that it happened was insubordination. The 'day that it happened' was immediately upon returning to work from a 3 day off without pay due to some other contrived offense. It was very clear that my supervisors x2, one being the department director, wanted me out and was soliciting information from other staff to watch me and report anything that could be remotely considered 'unprofessional behavior'. I went 5.5 years without a complaint and when I sent a few emails up the chain concerning patient safety issues, then I'm getting 2 or 3 complaints a week, mostly outright lies. At that point, I realize I am a target. It sounds like I could go 'whistle blower' but it would be hard to prove. What I can prove is that the charges that were being alleged that resulted in my termination were in fact lies or distortions from what really took place. All that Human Resources did was support what ever the supervisors wanted, which in my case, my removal. When I asked to speak to the VP of HR, I was instructed to go back and try to work things out with my supervisors. Well, that's not gonna work. My supervisors just wanted me to disappear. I had a great working relationship with other staff, chiefly surgeons and other physicians, the problems were with the leadership within the department which were nurses. To add insult to injury, they did not fill that position and in fact closed it after I was terminated. Now if they let me go because they were closing the position, I wouldn't have a problem with that. The thing that irks me here is that info that went into the unemployment office was that I was terminated for 'unprofessional behavior, which could hurt my chances for future employment.

[helpmeout]

What's the likelihood of success here when you are hired as 'at will employment'?

In order to be successful, you would have to have very strong proof of your claims. Employers cannot discriminate, even in an "at will" state.

[gateway209]

I have emails I sent with patient safety concerns. None were ever addressed by the supervisors. There is a mechanism at this hospital where you can anonymously submit concerns without any fear of retribution. It's required by all of the regulating agencies. I chose not to remain anonymous.

This issue was addressed with me and I was told it was a non-issue. I disagree. Where there is a 'patient on the table' in surgery, every second counts. There was a 7 minute delay due to obstacles presented me when I had to get permissions to respond to the matter because the supervisor over that case did not want me to respond without her approval. The surgeon could not proceed without a certain piece of equipment operating correctly which is what my role was in my capacity as the equipment tech

I think I am going to contact this attorney to see where this goes. I do not want my position back because after 4 months of being away from that environment, I have come to realize what a toxic workplace it had become due to the 'powers that be'.

[AngelinaCat]

Gateway209, welcome to the forum, but PLEASE use common paragraphing rules that you learned in your English classes in school.

While some of the members are willing to plow through your posts #4 and #6 and try to figure out what you are talking about, others of us are not, myself included. We really do want to help you, but, YOU must help us first.

Thank you.

[gateway209]

Thanks for the input...

[AngelinaCat]

You may have a window of about thirty minutes to go and edit your posts. Please see if you can.

Thank you.

[gateway209]

I got to the last one in time... I may have to repost the first one.

[AngelinaCatHub]

Gateway, in my experience I have two known attempts to rectify a travesty. One was my brother against the VA hospital. He spent nearly a one half million and bked. He was saciated with a retirement and committal to say no more. Another when a person whom caused his own problem making evidence in a case against me, was found out and about to be fired (a police detective) and at the last moment, quit. Then sued in a Federal Court a five month suit to the City. He lost.

There are specific things that you can use such as race, sexual propensity, and personal stuff like that. My brother was a whistle blower too. Did not fly. Try but do not waste a lot of money or time. This is only my own opinion. 'Hug

[gateway209]

Thanks.

I will probably not pursue. In the end, it has turned out to be a blessing because had I prevailed and managed to keep the job, I would still have these same players gunning for me and I would be miserable, always having to watch my back and every word. They're unscrupulous.

I had to address 17 complaints and one of them was that I answered my cell phone in the bathroom. I can't even believe that someone would report such a thing. Knowing the character of the people running the show at this hospital, I would never elect to have surgery there. Some surgeons don't even like practicing there but they have no choice. That's where their patients are.

I'm satiated related to this matter. Thanks...

[AngelinaCatHub]

Thanks.

I will probably not pursue. In the end, it has turned out to be a blessing because had I prevailed and managed to keep the job, I would still have these same players gunning for me and I would be miserable, always having to watch my back and every word. They're unscrupulous.

I had to address 17 complaints and one of them was that I answered my cell phone in the bathroom. I can't even believe that someone would report such a thing. Knowing the character of the people running the show at this hospital, I would never elect to have surgery there. Some surgeons don't even like practicing there but they have no choice. That's where their patients are.

I'm satiated related to this matter. Thanks...

Yes. There are times when the best retaliation is ignoring the situation since one day they will all get their due. Lot God or Karma or whatever you place your faith in, it always works out that way. The best to you folks and please hang around. You can learn a lot here and it could help you in your future. Also help us with your opinions and ideas for others. Welcome is what I mean. 'Hub

[gateway209]

Thanks to all...

[ksgirl38]

I sympathize with you. That really sucks. The problem is that whatever you say the reason is they are just going to say it's something else. Sadly the employment laws really don't protect the employee any. Sorry to hear this happened to you.