wrongful termination

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mamacita59

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I worked in a Nursing Home, as a nurse for two years, never had any write ups or other problems. Our facility was under a CDC order to quarantine the facility due to an outbreak of a new stain of flu. All residents and staff were to be treated with medication, which was fine. On a Friday all the medication was in to begin treating the residents, we were still having to get medication in to treat all staff. I went into work that morning with a temp, and was told to stay 51% of my shift so i would not be considered absent. I went to office waiting for the staff medication, at 2:30pm, i told my D.O.N. i was leaving that my temp was 101.3 which i verified with another nurse. On Sunday, i still had not had my initial dose of antibiotic, but was called in to work because i was Nurse manager on call, and had to cover a unit from 7p-11p, when i got to work, was when i received my 10 doses of antibiotic, called the DON and let her know i was at the facility, and running a temp of 100.2, she basically told me I had no other choice but to stay. So I put on a mask and stayed and worked, so as not to be discharged for abondoment.
The rest of the week I worked, still taking the antibiotic and working wearing the mask around the residents.
On Sunday, I called the facility and told the night shift nurse that I was still ill, and would not be in the next morning (telephone records as proof), then again Monday morning just to be on the safe side I called the facility again to let them know I would not be in due being ill. On Feb. 13 still not feeling well, I called my family physician, explained to him the situation, he told me I had pneumonia, and it was secondary infection from having worked around the residents, and he ordered me to stay home, not to return to work until the new antibiotic he prescribed was complete (10 days) to ill to call in, and being a single mom I had my 16 year old daughter call for me, she was told that I had to call in myself, I was to ill to call in, and was considered a no call no show, and i assume this is why i was termed, a week after the fact, do you think I have a case?
 
Technically, no, it is not a wrongful termination. It is not illegal to fire someone for not following call in procedures. If you were to call in yourself and you had someone else do it for you, that is not protected.

However, I see a do potential problem with your termination which might give you some legal recourse.

You have worked two years for this employer? How many employees did they have within a 75 miles radius of your location? In the 12 months immediately preceding this, had you worked a minimum of 1,250 hours?
 
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