QUESTION
Can a long term care facility fire you for an abuse allegation before the investigation has closed?
Asked on Mar 08th, 2013 on Labor and Employment - Arkansas
More details to this question:
I was recently accuse of abuse in my facility, the facility informed me they would suspend me while they conducted an investigation of the matter and that when i was found that abuse did not occur i would be paid my normal rate for my suspended days. After the facility conducted its investigation the informed me they were unable to come to any conclusion of what happened and would pass the investigation on to the state department. At this time the facility informed me they would terminate me with the eligibility to be re-hired after the state concluded its investigation. I stand to lose my suspension paid time as well as all my vacation time i have accumulated thus far.
1 ANSWER
4 Awards
The law in most states is that employees are employed "at will", which means the employer can decide to terminate you whenever they want with or without any reason at all. The exceptions to this are if the termination is based on discrimination (such as race, religion, age, gender, etc) or in retaliation for making a whistleblowing type complaint. If neither of these apply to your case, then the employer can terminate you without any liability. If the company could not decide if the abuse occurred, as oppossed to finding that the charge was false, then they probably took the safer path for them and terminated you. This is unfair, but typically not illegal.
You can still file for unemployment and should speak to an attorney in your state to determine if any other laws may protect you in your state
Answered on Mar 08th, 2013 at 4:04 PM