I am a Certified Nursing Assistant. About 3 years ago I was brought up on charges of abusing a resident and conduct of

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Customer: Hello! My name is***** I am a Certified Nursing Assistant. About 3 years ago I was brought up on charges of abusing a resident and conduct of unbecoming an employee. I was supposed to have a hearing with the state. As to date never happened. After I was charged my employeers gave me the option to stay working with the county or go on my own pending outcome of the hearing. I chose to stay working. They sent me to a different department and told me that my hearing should be in 3 weeks to 4 months. This never occurred. After about a year, they sent me to another department in the county and was there for over 2 years. this year in March with a days notice I was told to report back to the original employment the next day.I asked what about my hearing and findings and they told me everything was taken care of.. I never was informed of any hearings or dispositions . .I was wondering if there is any recourse I could take in maybe sueing for defamation or wrongful charging me for these allegations they made.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: No.
JA: Are you an "at will" employee? Do you belong to a union?
Customer: I belong to a union. The union Representative and preident seem not to have anything more to do with it
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I think that is probably it. I did check once with a lawyer around here they said the county would win probably.
Answered by Chris Fried in 17 mins 5 months ago
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Chris Fried
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Expert in: Family Law, Legal, Estate Law, Real Estate Law, Criminal Law, Employment Law, Business Law, Consumer Protection Law, Bankruptcy Law, Traffic Law, Personal Injury Law.

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Chris Fried
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2154 Satisfied customers
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10+ years of experience
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Chris Fried
10+ years of experience
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2154 Satisfied customers

Jessica

Jessica

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Chris Fried, Expert

Good afternoon, my name is Chris.  I am an attorney.  Although we do not have an attorney-client relationship, how can I assist you?
Customer
I was wondering if any recourse I may have with my situation
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Chris Fried, Expert

What evidence do you have that shows defamation?

Customer
I was charged with resident abuse. People still ask me I still do that, and never had a hearing on it
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Chris Fried, Expert

You are part of a union, and they have said what?
Customer
Nothing, they don't want to get involved being that I'm back at work
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Chris Fried, Expert

Your union not doing anything makes things rough on you.  So here is my advice:
1. Write your union rep, stating that people are still asking you about this residential abuse matter.  Say that this it is still harming your reputation and would like the union to do something about it.  Give a date (end of January?) for the union to act on your behalf in clearing your name?
Should the union fail to do so, you will start speaking with employment lawyers to see how they could assist you in this matter?
2.  Between now and then, get all of your evidence in order.  Have documentation ready to go that shows that you were wrongly accuse.

Customer
Ok, thanks
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Chris Fried, Expert

It's really critical for union to act here.  Otherwise, it makes getting your name fully cleared much harder.

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Chris Fried, Expert

Is there anything else I can assist you with?

Customer
No thank you very much for your time and help
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Chris Fried, Expert

You're welcome.  Thank you for using the web site.  If you could, let me know how this turns out.  Your question is complete.  Have a happy new year! - Chris

Customer
Happy New Year!
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Chris Fried, Expert

Thanks

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