QUESTION

Can a company fire you for hearsay? And can a client bring up charges on you if they claim injury?

Asked on Nov 09th, 2012 on Business Law - Illinois
More details to this question:
A lady came into my spa for a massage. She said she couldn't turn your neck or lift her arm very far. She stated to me that she had injured her shoulder a couple of years ago when she was side plank yoga position. The spa comped her and she hasn't made allegations against my license yet and it has been almost a week since the incident. She claimed that I diagnosed her and dislocated her arm. She has never showed the spa any medical documents proving any of this or any documents of me diagnosing her. Also, the spa wants me to hand in a resignation notice so they don't have to report me but I feel like that would be like an admission of guilt. They said that they can't report me if I do that but I feel like the spa could still report me and it seems like that would be against the law. So, would this lady have a case against me? Should I do what the spa says about the resignation letter?
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Unless you have an employment agreement, or sometimes an employee handbook, which specifies the reasons why  you can be fired, or there is some statute which provides that you cannot be fired for a specific reason (such as race, religion, age, etc.), you can be fired for any reason at any time.  Your client can decide to sue you, because anyone can sue anyone at any time, but that doesn't mean she will win.  She can also try to have criminal charges brought against you, but this is less likely.  As for whether you should sign the resignation letter, I think you need to consult with a lawyer in person, and give him or her more information than you can provide in this limited forum.  For what it's worth, and from the very limited information you have provided, it doesn't sound to me as if you should sign it.  It could not only be taken as an admission (which I would not advise you to sign even if you had done what the lady accused you of doing), but might affect your right to unemployment insurance and other benefits.
Answered on Nov 09th, 2012 at 3:26 PM

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