If I filed a complaint against the supervisor and a co-worker can I be fired?
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If I filed a complaint against the supervisor and a co-worker can I be fired?
I work in a nursing home. A month ago
the supervisor called the unit I was
working on and asked me a question. In
the background was his friend which is a
C.N.A talking about me and over talking
the supervisor. I asked the supervisor
why was he in our conversation and how
he know he was calling me and what was
it about. The supervisor laughed and
said I should have just answered him. I
didn’t feel that he should talk to me
with his friend listening so I went to
the unit he was on to speak with him.
The C.N.A that was speaking bad about me
was cursing another aide out as I walked
up the hallway. I walked past the gentle
and proceeded to walk to the supervisor.
The guy then comes over there and argue
with me. He took off his shirt and tried
fighting me. I’m a female that is 5’4
and weigh 115. A co-worked held him back
the nurse supervisor never reported the
incident because he knew him and his
friend was wrong. I reported and told
them that I didn’t feel safe working
with either of them. I’m now on
administrative leave pending
termination. Can they do that?
Asked on December 25, 2018 under Employment Labor Law, Illinois
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Unless the treatment by your co-workers constituted some form of legally actionable harrassment (which it did not), then you have no claim here. That is unless, your discharge would violate the terms of an employment contract or union agreement. Unfortunately, most workers can be terminated for any reason or no reason at all, with or without notice.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, unfair as it is, they can do this. There is no protection for your job from complaining about a supervisor or co-worker: an employer may terminate you for complaining about others whom you work with. Essentially, unless you had a written employment contract which prevents you from being fired for this reason, you are an "employee at will" and may be terminated at any time for any reasons.
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