I work for several home care agencies. I'm being slandered by one of the agencies. Is there any protection for caregivers?
I had a spring cold. I get one every year. So I let the agency that I was scheduled with know. They said, Ok just stay at home until you are better.
I found out that they called my other agency and told them I had Covid-19.
The other agency called me and said, "we just got a very strange call from your other agency". I told them look, I will go get tested to make sure. Even though I had no symptoms. My test was negative.
Now, the "bad" agency has spread rumors to one of my patients family.
The family has threatened to get a lawyer if I have contact with the patient. Which I won't of course. But, I feel I'm being singled out for some reason. I since have quit the agency, but am still being contacted by them to sign a document that states I quit.
I just want to move on. But, now can't find work in my town.
Does anyone have any advice?
4 Answers
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Read this about Constructive discharge and wrongful termination:
https://employment.findlaw.com/losing-a-job/constructive-dismissal-and-wrongful-termination.
An exerpt:
"Constructive dismissal, also known as constructive discharge or constructive termination, is a modified claim of wrongful termination. Wrongful constructive dismissal occurs when, instead of firing the employee, the employer wrongfully makes working conditions so intolerable that the employee is forced to resign. As in wrongful termination, the employer must violate the employment contract or public policy by targeting the employee."
This idea will be important to show how you were forced to leave, and how it was in fact being fired, not quitting. imo.
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People who have elders are very frightened right now because there is a high incidence of them contracting this virus and dying as a result. This is likely why the family of one of your patients is threatening you, based on hearing a rumor that you have the virus. They are scared and acting out of fear, which you can probably understand.
The agency wants you to sign a paper saying that you resigned on your own so they won't have to pay you unemployment benefits, more than likely. Just a guess on my part, but that's what I think.
Good luck!
I wish I could say there was more to "the story", but that's it.
You are right about families being scared right now.
I was able to obtain a test by talking to my doctor and explaining that I work with the elderly and am not able to return to work until I'm cleared. Based on that, they gave me a referral to get the test.
Thank you for you reply! :-)