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Joseph
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Category: California Employment Law
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I worked at the same Medical Center for 12 years as an RN.

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I worked at the same Medical Center for 12 years as an RN. Strict time clocking has only been an issue over passed year. I received a final written notice to demonstrate improvement in my clocking.This has been my main focus and I have made great improvement.My yearly evaluation was 01/11/13. I had an excellent evaluation and no mention of concern about clocking was mentioned. I was given a raise.On 02/01/13 I had only minutes to make it to my work station so I parked my car in front of the hospital and clocked in. I then moved my car and did make it to my station on time. If I would have gone directly to my work area it would have been ok. Because I went back out to move my car, I commited time card falsification. I have never read or been aware of such a policy. I had no idea I had done anything wrong. I was abruptly forced to resign. I was not given a chance to know this was a problem. Do I have a case for wrongful termination.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Do you have any reason to believe that you were terminated (at least in part) due to discrimination based on a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?

How many written warnings/ notices did you receive regarding the clocking issues?
Customer: replied 1 year ago.

I had one wtitten and then a final written notice, I feel they were working on a way to get rid of me-I am 67. There are 3 other nurses that they are putting extreme pressure on that are in my age group, Nothing has ever been said about age but we have all felt that is what was going on. One of those nurses quit today,

Expert:  Joseph replied 1 year ago.
Hello Cheryle,

You would likely qualify to receive unemployment benefits, since the clocking issue would be unlikely to be substantial enough to constitute good cause for your termination.

Additionally, you should file a complaint against your employer with the EEOC for discrimination in violation of the Age Discrimination in Employment Act.

You can do so using the information available online here:

http://www.eeoc.gov/employees/charge.cfm


The EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a right to sue letter so you can pursue your claim against your employer through a private attorney.
Joseph, Lawyer
Satisfied Customers: 5276
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Cheryle,

Please remember to rate my answer positively so I get credit for my work!

Or please ask me any follow up questions you have here.

Thanks and best of luck!

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Joseph
Joseph
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