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Old 01-02-2008, 03:14 PM
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Join Date: Jan 2008
Posts: 1
Default I need help desperately

I am a Licensed Vocational Nurse working for Hernandez home for 7 yrs now. I was accused of child abuse to my son after swinging a belt to hit his bottom and he ducted (he was standing) causing the belt to hit his face on Dec 19, 2006. In Jan or Feb 2007 the Social worker concluded I wasn't abusing my child. The DA decided to prosecute me anyway. He offered me a plea bargain, which I refused, I don't abuse my children, just tried everything that day to get my son to do his homework. I went to trial for charges and was found not guilty and that it was an accident, the trial ended on Aug 31, 2007, I didn't intentionally hit my son in the face with a belt. On Friday Dec 28, 2007, without any other prior notice My employers and owners of Hernandez home were served papers from Community care Licensing stating that Dec 28 (served the same day as date) was to be my last day of employment due to the abuse case, paper work stating decision was made on Aug 30, 2007 the day before I was found not guilty. The state licensing for the facility's lawyer wasn't even aware of my not guilty verdict. So then he said well you could return to work with stipulations since there was a not guilty verdict, probably 2 yrs probation and if I accepted the stipulations then I can’t appeal, ( feel like I'm being accused all over again and feel I have to again prove my innocence by appealing their decision))he'd have to check into it. So, The owners of my place of employment decided that since part of the stipulation if I accepted would be I can't appeal their decision decided they'd appeal and I'd except the stipulations so I could continue to support my children. I then talked to Community care licensing (My employer also called and got the same response) they said that since I was found not guilty then no disciplinary action should be taken, but being it was the day before new years there really wasn't anyone higher up to speak with. Today I spoke with another person at Community Care Licensing and she says yes they can take action towards me. I then spoke with the attorney for the agency and he said that my employers can't appeal that only I could, so here I am caught between a rock and a hard place. I don't know what to do, I know I have 3 children that depend on me solely and I've been out of work since Dec 28, 2007 being told that I can appeal this decision but it can take as long as 90 days or more. Is there any legal action to be taken against Community Care Licensing? How can they hold an accident against me, I love my children and work with babies and never had an incident nor write up in the 7 years I’ve worked there. Can you help me, please???
Sincerely,
Myra Miller

Last edited by Cadaydreaming : 01-02-2008 at 03:33 PM. Reason: was gonna delete posted twice for some reason
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