What kind of investigation and help is there to clear a falsely accused daycare workers name?

nannies, word doesn't get out, as in gossip or hearsay when it comes to mortgage loans... once a loan goes into underwriting it is up to the underwriting processer to verify everything on the loan application.... even at zero hour, employment is again verified and that is when they learn if someone is still employed or not by said company.

You are so right, your friend needs to find new employment as soon as possible. Maybe this time around she will find something she really likes :)

Banks check your employment and credit history. It's not a matter of word getting out, they always check. No job means no way to pay the mortgage. My son was laid off shortly before closing his house. He got another job within a week and the bank was happy.

What a shock. Her loan fell through because she'd lost her job. Are you kidding me? Her loan SHOULD have fallen through. From your posts, it's clear she isn't working. Lord.

Thanks, I agree with you about going through the State unemployment system is the best bet. This person was going through a closing on a home and she mentioned that word got out about her firing and reason for firing and her loan purchase fell through which I know is her say and I just don't know. But I don't know all the facts and at this point I think I have been able to give her enough information from everyone's advice. So far, she is seeking an appointment with an attorney that the State Bar referred her to. And second she is appealing on her own with the State unemployment. I do agree she should be looking for other work and continuing on with her life especially since she didn't like the facility. So I am now staying out of it and through with any more investigating. What a shame and so much damage an accusation can do to another. Again thank you all for your information and help. I am through with this chat.

nannies, have your friend check State laws, as some State laws specifically prohibit blacklisting.

Unemployment will ask how long the employee has been there and will also ask if there was progressive discipline. Usually that means a verbal warning, followed by a written warning, followed by a final warning/suspension and ultimately termination. Employees are protected from being fired by a boss who is having a snit of bad temper.

Does it make any difference in the US how long an employee has been with a company? Just asking, because presumably there are some protections available after a given length of service?

You all need to look at this logically. If there is no employment contract, they can terminate at will. Unless there's written policy, they don't have to give notice. But that doesn't mean that employers fire willy nilly, as they're also mindful of two things. They don't want to deal with wrongful termination suits so they're going to document a history of problems. And it costs money to train a new employee so you're not going to fire a good one. But if there is a history of problems like chronic tardiness, absences, bad attitude, poor work etc., then it usually takes one last incident to cause termination. This is termination for cause and is a valid reason to deny unemployment. People sometimes think that just being out of work makes them eligible for unemployment, but you can be denied for quitting or being fired because theoretically you had a job but by your actions, are out of work.

In any case, I'd suggest she start looking for another job now because it's going to be a while to get this sorted out and get benefit checks going. Plus she'll make more at a job than on unemployment, and they will also require her to be job hunting anyhow. And when she gets a job, she won't need to fight the unemployment benefits battle and she will also know she hasn't been blackballed. As for her being "blackballed", there's no way in God's green earth that any sane employer will give any info about reason for termination or whether they'd rehire the person.I worked in a HR position years ago and had a call from a prospective employer about a long gone employee who'd been terminated for theft. Now, this person may have changed and deserved a chance, or was still shifty. I declined to answer whether we'd rehire her because I didn't want to cost a good person a job and I didn't want repercussions if she wasn't hired.

The whole "relinguished pay for 20 weeks" seems odd to me - in our state, you either get approved or denied benefits, not we'll give you benefits in 20 weeks. Something else unknown here too.

Unemployment isn't paid if the employee quits or is terminated for cause. There is an appeal process if the employee doesn't agree with the determination not to pay. Going thru the state unemployment system will be far quicker and more productive than a lawsuit.

Thank you for your opinion and information. Yes, she was not happy at this facility and I don't know her reasons for staying. She is going to an attorney and is also corresponding with unemployment. So hopefully, she will be able to prove there was lying and get her unemployment started. Thank you both

If she has been charting their mistakes for 5 years, that suggests she has been unhappy and gotten bad reviews for 5 years. Happy employees feel no need to "write the book" of their employer's errors. Something is left untold. Stay out of it.

Okay, first, it's defamation of character. Anybody can sue for anything. "Sue 'em," is a common mantra today.

Yeah, she can sue. But in order to win? First she has to prove that the facility reported something that wasn't true to someone that cost your friend $$. Prove it. How much did it cost her? You say she's been "black balled." Dollars to donuts this is simply not true. If someone calls for a reference from them on her? They'll undoubtedly give them the dates she worked there, what she did, and other clinical-type information. And that's it. A caller might ask, "Would you rehire this person?" If they're smart, they say, "We don't answer that question by policy." If they ask, "Why did she leave?" The stock answer is usually "That information is confidential." What proof do you have that they said anything different?

If they outright lied to unemployment, she may have a point. But first, I'd say unemployment has a process in place to contest their twenty-week decision where they get more details from her ex-employer and then ask your friend to respond. Based on those details and their ultimate finding? Your friend may have grounds for a lawsuit for lying and delaying her benefits. *shrug*

Unless she is under contract? They can fire her "just because" unless one can prove discrimination based on The Civil Rights Act and the various protected classes. That's PROVE discrimination, not just claim it.

I'm not attorney, I'm a common-senser. Of course, your friend should consult an attorney if SHE believes what YOU believe. Otherwise? I'd suggest you back off. You don't know the actual details. You only know what she told you. And, believe me, that is not always the truth.

I thank you for your sound information. I am passing your info to her. As for the comment from pamstegman, It's easy to say that someone will get a job in 20 weeks but how is she suppose to survive till she does get a job. Also, she is black balled from the health profession now. So facilities may be hiring but not when you have been fired for neglecting a patient. I know this person and I know this was a lie and she also has many notes for the last 5 years on the treatment of patients and of how the facility was operating. So.........I say for her to sue for deformation of character and to get her unemployment benefits.

What do you mean "relinquished her first twenty weeks of pay?" If you mean they're refusing her unemployment until twenty weeks have gone by, then she should file a complaint with unemployment refuting the company's allegations. The burden of proof is on them.

Stay out of it. If she wants to sue, she needs an attorney. Unemployment conducts an impartial investigation and interviews both parties. 20 weeks down the road she should have another job somewhere. Facilities are always hiring.

This was a case where the fairly new administrator (23 years old) of a nursing facility accused my friend of neglecting to have patient use restroom (diaper) etc. and fired her without notice, suspension, investigation. At least there was no paper work given to my friend. Unemployment has relinquished her first 20 weeks of pay and then pay will only be 20% I have been researching and it seems that her best bet would be to sue the Administrator. But I just don't know about how she is going to be able to prove herself unless she hires an attorney right away.

Need more information. Falsely accused by whom to whom. If it was to the police, they do an investigation. If she was reported to her employer, I'd say, depending on circumstances, a record of it might be added to her file and discounted. The first time. If the accusation came from a demented person and there was no evidence, it might be discounted out of hand.