How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27888
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
Type Your California Employment Law Question Here...
LawTalk is online now
A new question is answered every 9 seconds

I have a meeting on Monday (5/6) with my bosses for me to determine

Resolved Question:

I have a meeting on Monday (5/6) with my bosses for me to determine whether to accept the termination or to resign. Is it a ground for termination for missing lab. work x2. There are no negative outcome happened to the pts'. In fact, the second missed lab. had been resolved because I went back and did it. I'm a visiting nurse working for Kaiser Permanente in Richmond, CA.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning Rosemarie,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

I have represented nurses in actions involving hospitals and nursing facilities on many occasions, and my wife is a nurse, so I understand how the health care employment situation is. I have also had dealings with the Richmond Kaiser facility in years past.

In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. You say that you are a visiting nurse. Does that mean you are visiting from another Kaiser Facility, or do you mean that you are there on a travel assignment?

2. If you are traveling, have you discussed this issue with your travel company and determined whether leaving in mid-contract will be held against you?

Doug

Customer: replied 1 year ago.


I don't know if you received my reply.

Expert:  LawTalk replied 1 year ago.
I am quite sorry, but your reply did not post. Would you please re-post it. Thanks for your cooperation and your patience.

Doug
Customer: replied 1 year ago.


I'm a Home Health Nurse employed by Kaiser Permanent.

Expert:  LawTalk replied 1 year ago.
Thank you for the clarification Rosemarie,

I am preparing your answer now. Please give me 10 minutes or so to get it to you. I am a better attorney than I am a fast typist.

Doug
Customer: replied 1 year ago.


Attorney, I know you're a busy person. I needed your phone number just in case we're cut off.

Expert:  LawTalk replied 1 year ago.
Good morning,

Your question is: Is it a ground for termination for missing lab. work x2.

Unfortunately Rosemarie, under CA law, an employer needs very little justification to terminate an employee. In fact, unless you have a written contract of employment with your employer, which guarantees your position with the company for a set period of time and at a given wage, then you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, problem co-workers and company policies.


In CA, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits, so long as it's not illegal or unlawfully discriminatory.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

The fact that no harm came to either of your patients does not act as a legal defense to being terminated. And so yes, Kaiser may legally terminate you based on the 2 minor errors.

The bigger issue at this point is whether toy choose to resign or be terminated---arguably for cause based on the errors.

If you are terminated, you will have to explain the termination to future employers---and that could be problematic. because you did make these errors, and despite the fact that no harm came to the patients---Kaiser will argue that it could have and that the termination was for good cause. This, if accepted by EDD would prevent you from being eligible for unemployment benefits.

Resignation would allow you the greater ability to avoid the stigma of having been let go by an employer, and will definitely look better on your resume.

In the meeting you might propose something a but different than just resignation or termination. Discuss with the a third option of what in CA is known as a Mutually Agreed Separation. This is still a resignation for your resume, however, it will also mean that you will qualify for unemployment benefits while you are searching for a new position. A Mutually Agreed Separation is seen as an agreement between you and the employer that things are not working as either of you had hoped for, and without any assignment of wrongdoing, it is simply agreed that you will leave. Here is a link to the EDD regulations dealing with this method of departure. Refer to Section F:

http://www.edd.ca.gov/uibdg/Voluntar

So, you have several options, but many find that where termination is pending, than a Mutually Agreed Separation is the best way to go. Just be sure if you work this out, that you get in writing from the employer that there has been an agreement reached and that they acknowledge that your leaving is based on a Mutually Agreed Separation.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug


 

LawTalk, Attorney
Satisfied Customers: 27888
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Rosemarie. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.