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10-21-2024 09:22 AM
I do not know, it will vary from State to State. My case was filed in county court but got moved to Federal Court. There was a 2 year limit on filing for my case. We filed it at the 2 year limit.
When everything was happening to me, I consulted an employment attorney because I wanted to know if they offer me severance, should I accept on not. The answer is no, because you have a right to review etc.
Silly me, after 38 years of service, I thought they might offer me a severance, but they did not. When I consulted with the attorney, he laid out how I was being retaliated against and told me to call him if I got fired.
I could have resigned but would not, it was the principle of the thing for me and I thought the company would certainly stop my boss. They did stop my boss from trying to force me to commit fraud but they did not protect me from the retaliation.
So that started the entire thing. I called the attorney and he took my case.
Suing your employer is very emotional and a lot of work. You have to have the evidence to prove that they fired you in retaliation. They try and say other things but you need to disprove them.
I had many emails, awards, etc, in fact 5 months before I got fired I received a $5000 performance bonus.
Anyway, just know that it is a long, difficult process. I sat in a deposition X 7 hours and sat in 6 other depositions for the same amount of time, listening to them lie about me. For me, the process was healing because I had my final say and there was nothing that they could do to stop it. Unlike when you are their employee and they control you.
If you are better leaving it alone, I would suggest that you do, rest, work on your own health. Know, that you did a great job and the people who did that to you have a problem. It is hurtful and scary to lose your job. At 61, I worried about health insurance, getting a new job, money. Get those things in order. I lost so much, and a lawsuit most likely will not make you entirely whole is at all. For me, I wanted to face those people, face to face and that part of it was priceless for me.
I thank God for the attorney that I had, he was great. I found out at the end, that as soon as I had spoken to him he wanted to take my case. I felt the same way about him too. We worked together. In employment law, he had to understand the nature of the fraud that they were asking me to commit. It had to do with Medicare fraud to pump up the company finances. I morally and ethically could not participate in that scheme.
10-21-2024 03:13 PM
@conlt No I was fired because I was unable to return to work as a result of a surgery. I signed nothing they fired me after 20+ yrs of service. Because it's over 2 years I don't think I can sue the employer. It's 2 years this month
10-21-2024 03:15 PM
@conlt you're right I can't be bothered. Shame on the employer it was totally their loss not mine.
10-21-2024 03:27 PM
I retired at 45.
I had lost 5 of my Hospice patients in one week.
I went to bed and when I woke the next morning (my day off) I said to my husband, "I don't think I can do this anymore ".
he said he understood.
That day, was my last day/
We had plenty RN's to cover, so there was no need for a notice in that department.
My heart just couldn't take it another day.
10-21-2024 03:42 PM - edited 10-21-2024 03:43 PM
I never decided to permanently retire, it just kinda happened. I was at a job I loved until something big happened and I couldn't return due to the emotional and mental toll. I thought I might go back one day, but never did. Then our lives became busier and I wanted free weekends to do whatever we wanted so I never applied for anything else. Now and then I think about doing something one or two days during the week but haven't really pursued it.
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