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Employee is wrongfully terminated from assisted living facility after reporting them for not following regulations, despite being one of few assistants who actually does their job

"It looks like retaliation for whistleblowing."

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Posted by Lana DeGaetano
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  • Getting fired from your job is never a good feeling, especially in today's job market. You never know when you'll get another position, let alone a stable one where you won't have to worry about your job security. Employee termination should always have reasonable cause, but a lot of companies and corporations wouldn't agree. Even more unfortunately, there are many things in place that protect employers rather than the employee when it comes to termination and deeming whether or not it is wrongful.

    The woman in this story is facing termination after reporting unlawful practices that are not in line with facility regulations at her former place of employment, an assisted living facility for the elderly. It is expressed by her husband and her co-workers that she was one of few assistants who genuinely cared for the elderly people living in the home, and is only getting written up for infrequent latenesses because she started whistleblowing about how awful the conditions are at the facility. Her frequent write-ups after the reports led to a very poor performance review that ultimately led to her termination. Her husband is wondering if there are any grounds for a case that will try to say this is wrongful termination. What do you think? Read ahead for the whole story, and additionally, some advice from commenters letting the husband know what his wife should do moving forward.

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  • 1
    Fired from Assisted Living Job. It looks like retaliation for whistleblowing
    Via EldenLorded
  • 2
    My fiancé was just fired from her job at an assisted living facility for the elderly a couple days ago "for being late". She was 5-10 mins late sometimes, but always showed up. She reported the community for not following
    Via EldenLorded
  • 3
    regulations. There were sometimes only 1 person (a couple times 0!) looking over 30 memory care residents. She spoke to management to try and remedy the situations before reporting to the state. She started getting write ups right after she started reporting them.
    Via EldenLorded
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  • 4
    Her supervisor is 5-15 mins late almost every single day. There are never enough people on the floor because so many people no call no show. She's talked with multiple coworkers who have been late, called out all the time or no call now showed yet have never been written up for it.
    Via EldenLorded
  • 5
    She was one of the hardest working employees they had. She had won every award the community had and all the residents loved her. As soon as she started be vocal to management about how they were not meeting minimum
    Via EldenLorded
  • 6
    requirements, she started getting written up for 10-30 mins of overtime some days when she couldn't leave because she was the only one there for the memory care residents.
    Via EldenLorded
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  • 7
    Her performance review gave her 1s and 2s in every category out of possible 5. Every resident loved her yet she got a 2 in the category for how well she gets along with residents for example. Her boss gave her a thank you card for all her hard work 2 weeks before she was fired by the same person.
    Via EldenLorded
  • 8
    Her boss who fired her (who is friends with her supervisor that everyone can't stand) put in his 2 weeks notice 2 weeks ago. So he fired her when he had one day left. It feels like he fired her to make it easier for her supervisor who is disliked by the residents
    Via EldenLorded
  • 9
    and employees. It's like they knew that a new manager would see how great my she was and how terrible her supervisor was. The families were getting very angry with management specifically and supported her because of how much she focused on helping their family members.
    Via EldenLorded
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  • 10
    TL;DR - Fired for being late. Only written up for it after she started getting management in trouble by whistleblowing. Nobody else had been fired for being late or no call no show. Her performance review was poor in all categories. Her boss fired her on his last day there only 2 weeks after giving her a thank you card for her hard work.
    Via EldenLorded
  • 11
    Is this considered wrongful termination or retaliation?
    Via EldenLorded
  • 12
    Dgforcolor gforcolor 2d ago I got fired on my 3rd day after I said the kitchen wasn't big enough for the amount of residences, that they are serving cold eggs, and the kitchen was literally 90° all the time. They fired me for being combative.
    Via D***gforcolor
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  • 13
    I followed up with the department of health for the food handling issues. Dept of Labor said there is no wrongful termination in my state.
    Via D***gforcolor
  • 14
    almost_Awesome... • 2d ago Probably not anything ti be done. It probably is, but they sound like they have a paper trail set up to back them up. but them, they needed her more than she needs them.
    Via almost_AwesomeXD
  • 15
    EldenLorded OP 2d ago Edited 2d ago Yeah. They even told her she was not allowed to talk to residents or their families ever again. I guess that's because of HIPAA. They also said she couldn't tell her coworkers she was fired. She talked to her coworkers anyways because that's a ridiculous thing to ask of her. What gives them the right to tell her not to tell her friends what happened especially after she doesn't work for them anymore. The coworkers ended up talking to the families and a lot of
    Via EldenLorded
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  • 16
    was one of the only people who truly cared for their family members. She never contacted any family members, but she did talk to the ones that reached out to her. If nothing can be done, it's at least nice to know that there are sooo many outraged people going after her supervisor and boss right now. And the family members that know are the leaders of the family council type group that meet periodically with the management.
    Via EldenLorded
  • 17
    • lickmyf a 1d ago Yeah, they will do this. I've reported the facilities I've worked at to the state many times. It normally doesn't work because the state will notify the facility they are coming, defeating the entire purpose. Gives them time to cover stuff up. Always report anonymously and keep your
    Via lickmyf**a
  • 18
    mouth closed at work. I've had good results with this. If you complain about an issue to your employer or coworkers and then the state shows up, they can easily deduce who was the one that called. People gossip way more than you think they do. Even if you know they gossip a lot.
    Via lickmyf**a
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  • 19
    CermaitLaphroaig 1d ago It's a notoriously awful industry, and had been for a long time. My aunt was fired for trying to organize at a nursing home back in the 80s
    Via CermaitLaphroaig
  • 20
    Drain_Bead 1d ago Call the local news and drop an anonymous tip about the facilities noncompliance with regulations.
    Via Drain_Bead
  • 21
    -0-0-0-0-0- 16h ago . Consult a local lawyer. Consult is usually free. Find out if you have a case for reprisal. Depends on the law when you live.
    Via -0-O-O-O-0-
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  • 22
    ancillarycheese · 2d ago • I worked in an executive capacity in this industry for close to a decade. The assisted living industry is a complete show. Don't put your family in one. The cheap ones and the expensive ones both cut every corner they can. Staffing ratios are ignored industry wide. Maybe with a brand new facility they do a good job but within a year the profitability comes under the microscope. Food quality and quantity goes down. Staffing is micromanaged. Cleaning hours get cut.
    Via ancillarycheese
  • 23
    I'd say try and start a union but the corporations that run many of these. places will intentionally pull tricks to squash a union. They will sell properties to other subsidiaries. They will rotate staff to different locations. They will give any pro-union staff the shifts. If you work here, blow that whistle long and hard. Study the state regs and report every violation. You'll probably get fired. but these places prey on the elderly.
    Via ancillarycheese

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getting fired the elderly workplace-stories fired toxic-workplace fired story nursing home work askreddit reddit story horrible-management termination workplace Horrible Bosses reddit thread red flag elderly entitled people got fired toxic-work-environment

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