wrongfully terminated for abuse in Nebraska

[hopeful4truth]

I assist the mentally handicapped and I was accused of abusing a resident. A nurse walked in and saw another staff and I taking care of a resident's behavior at meal time. The resident has a tendency to throw her food or drinks at mealtime. I sat next to her on the day of the incident to help prevent her from throwing her food. She ate all her food and then threw her pop on the floor. when she throws her food/drink, the next step is that she'll try to turn the table over, which is very heavy and could easily injure someone.

I had to act quickly and get her away from the table fast before she could flip it over. They are accusing me of "pulling on her and talking to her abruptly." I really don't feel I did anything wrong. I had to act fast and I would have done the same thing to my own child, so I don't think it was abuse at all. They did an investigation that lasted 3 days. I had to come in the day after the incident and tell my side of the story. the other staff member i was working with did as well and our stories matched up. the nurse that just happened to walk in when this incident was occurring is accusing us of abuse. I know I didn't do anything wrong and this could be on my record for the rest of my life preventing me from getting a job in the health care field for a long time.

The incident happend last tuesday. They put me off duty until the investigation was over, which was friday and they terminated me, without giving me a reason. I called them today and they finally told me I was being fired for abuse of this resident because I pulled on her and talked to her abruptly. I was told I could appeal it, which I am in the process of doing. Appealing it just means that I'm sending my statement to the regional director of our company for her decision.

The bare minimum I want to get resolved is to get it taken off my record, but I would really love to get my job back. I loved what I did and I was good at it. I also think they should have to compensate me for the week I've been out of work. I need some advice on what I have the right to do and If I have an actual shot at winning.

 

[jacksgal]

Unless you have a cba or employment contract that says otherwise you can be fired at anytime for any or no reason. Exceptions would be if said termination violated law. There is no such violation apparent in your post. By the way you really arent in a position to barter. Make your appeal but I would caution you on stating demands.

 

[hopeful4truth]

but i didnt abuse this client like they said i did, that's the thing and they don't have proof other than one person's word. the nurse that reported me doesn't have the most reliable testimony. she has been caught in lies before. mine and the other staff member's stories were the same, so i figured 2 words would mean more than her's, especially when she has screwed up her reliability by lying in the past. and neither one of us has ever had any problems with how we treat the residents in the past at all and the other girl has been working there for 2 years. i just think they were unfair in firing me.

 

[jacksgal]

Where I don't disagree unfair is not always illegal such as this case. Your best hope is appeal

 

[cbg]

I think you are misunderstanding what is meant by a wrongful termination. It does not mean that you were fired for something you didn't do. It means you were terminated for a reason prohibited by law.

Legally, they may fire you if they believe you abused the patient, even if they are wrong. They are not a court of law; they are not required to have proof before they can take action.