fired for falsification of medical records
When you are fired for "falsification of medical records", don't they need proof? Suppose you took a huge medical questionare twice and the first time you forgot something. Suppose you were hired once and quit and when re-hired, they realized you listed something new that you hadn't listed before. I forgot to list "anxiety attacks". They were aware of this before I was re-hired because I went to the nurse & TOLD them! It's documented. Do I have a case?
1 answer | asked Dec 2, 2004 4:39 PM [EST] | applies to West Virginia
Answers (1)
medical records "falsification"
The answer is dependent upon the law of the state where you worked. If you were an at will employee (no written contract of employment and not a union member), then the employee does not necessarily have to have a reason to fire you. Because anxiety attacks could be a disability, I expect the employer did not want to deal with the problem---but your failure to list it originally gave them a reason to use to fire you which is a non-discriminatory reason unless you can prove it was not the real reason and the real reason was an effor to discriminate on the basis of disability. I think you may have a claim (please note the word "may") but it is not a strong claim and would not be one I would recommend pursuing without much stronger facts.
Hope that helps in some way.
posted by Kathryn Bayless | Dec 13, 2004 08:36 AM [EST]
The answer is dependent upon the law of the state where you worked. If you were an at will employee (no written contract of employment and not a union member), then the employee does not necessarily have to have a reason to fire you. Because anxiety attacks could be a disability, I expect the employer did not want to deal with the problem---but your failure to list it originally gave them a reason to use to fire you which is a non-discriminatory reason unless you can prove it was not the real reason and the real reason was an effor to discriminate on the basis of disability. I think you may have a claim (please note the word "may") but it is not a strong claim and would not be one I would recommend pursuing without much stronger facts.
Hope that helps in some way.
posted by Kathryn Bayless | Dec 13, 2004 08:36 AM [EST]
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