Fired Due to an Accusation of Sexual Harassment - How Can I Protect Myself

[sandielynn]

My question involves labor and employment law for the state of: North Carolina. I worked in a Nursing Home that just went through its annual state inspection. They did poorly. Those of us who spoke with the inspectors are now being terminated for various reasons.I ghot a phone call from my Director of Nursing on thursday. She stated I was being terminated immediately for sexual harrassment!!! When I could finally speak I asked her why? She only stated that she had "got wind" that I had shown a sexually natured comic or picture on my cellphone. My phone has not stopped ringing! Everyone knows about this. She gave me no further details. Am I allowed more information about this? Everyone knows I was actually fired for talking to the state inspectors. I have never been written up or reprimanded in anyway on this job. Can they turn me in to the Board of Nursing? Is this professional slander? How will it affect my future employment?

[mutualrespect37]

This sounds like wrongful termination.I empathize, having recently experienced a similar situation invlving a false racism allegation. Does your company's sexual harassment policy accord you any minimal due process, such as a hearing before discipline or termination? Does NC offer any whistleblower law protections?(Look up the National Whistleblower Clearinghouse online and/or the Government Accountability Project).

What professional ethics are nursing homes supposed to subscribe to? Are there any organizations that make it their business to oversee these? You might be able to file a charge with the EEOC , since falsely accusing someone in public of sexual misconduct could be construed as a form of the same. You could probably file a defamation lawsuit. If your company would stoop to this level be careful of protesting too militantly or they might try to criminalize your complaints. Be very careful about who in power you talk to, and be very professional and measured when you do. Sorry this happened to you.

If this company gives you a bad reference they could be legally liable, but it still makes sense to do everything possible to protect yourself.
Filing an EEOC charge could help in this respect. Possibly you could ask your employer if you may file an answer to their harassment charges to be placed in your personnel file.