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Jane Doe Deer
Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience:  Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
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I terminated my employment in August of 2010. I attempted to

Resolved Question:

I terminated my employment in August of 2010. I attempted to return as a per diem emplyee but was told I couldnt apply for a position unless there was one posted as available. I am considered an inhouse employee until february 2011. No perdiem positions have been posted as of yet but there have been 3 per diem employees hired. Do I have a right to file a grievance? If so, what would be the proper steps to take considering my distrust for the human resource department and my former manager?
Submitted: 6 years ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 6 years ago.

ScottyMacEsq :

Is this a public or private sector job? Did you terminate your employment because of the promise of a per diem employment position? What would your basis for a grievance be?

Customer :

Public sector. No I did not terminate with the promise of per diem employment, I terminated to go back to school and further my career. It is my understanding that a position must be posted in order for them to hire. I am currently considered and in house employee for 6 months following my termination and would have seniority over new hires.

ScottyMacEsq :

Thank you. While I have experience in many areas of employment law, I don't have much in public sector law, so I am going to opt out and let another expert address your issue. Good luck!

Customer :

Thank you

ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15761
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and other Employment Law Specialists are ready to help you
Expert:  Jane Doe Deer replied 6 years ago.

Hello - I'm a WA State licensed atty working here under a pseudonym. I worked for WA ST Govt for about 21 years.

 

Which agency? And what was your job title?

 

My best,

 

Jane Doe Deer

 

 

Customer: replied 6 years ago.
Providence Health Systems. I am a Respiratory Therapist
Expert:  Jane Doe Deer replied 6 years ago.

Oh, this isn't a governmental entity then.

 

Do you have a union?

 

Or were you an "at will" employee? (no contract, no union)?

 

Why are you still considered an "in house" employee until next February if you quit your job? Do you have any contractual rights?

 

 

 

 

Customer: replied 6 years ago.
It is a hospital. I am not part of a union. I am not sure about being an "at will" employee, I am under the terms of emplyment agreed upon when i accepted employment ie: dress codes, sick calls things of that nature. I was told that I am considered an in house emplyee and retain my 20 years seniority for 6 months following my termination and that I would retain all seniority if rehired within 1 year.
Expert:  Jane Doe Deer replied 6 years ago.

I don't see how you have any rights if you don't have a contract. I don't see how you can file a grievance if you no longer work for the employer.

 

Employers can hire or fire whomever they want, anytime they want, if it's an at will employer.

 

I can't give you any legal advise here, as you know.

 

If your options are to attempt to file a grievance or not, you will just have to do a cost/benefit analysis of each of those two options - doing nothing, or filing a grievance.

 

As a WA resident myself, however, it seems to me that there are openings all over the place for people in your field - have you tried Franciscan, Multicare, or Group Health, for example?

 

But I have no legal solutions for you if you have no contract.

 

Sorry about the bad news.

 

 

I'll assume that I have answered your question and will "ACCEPT" my answer unless I hear back from you with follow-up questions.

 

Bonuses of even a few dollars are much appreciated.

 

I REALLY appreciate POSITIVE FEEDBACK!

 

My best,

 

Jane Doe Deer

 

 

 

 

 

 

 

Customer: replied 6 years ago.
Are the policies and procedures of the hospital, that I was required to read and sign, regarding hiring/firing and seniority considered as far as a contract of employment?
Expert:  Jane Doe Deer replied 6 years ago.

I have to take a break. I'll opt out, and if no one picks up your question by the time I return, I'll pick it back up.

 

Sorry,

 

Jane Doe Deer

Expert:  Jane Doe Deer replied 6 years ago.

First, sorry for any delay in getting back to you. I'm visiting relatives for Thanksgiving. I'm sorry that no other Expert picked up your question, as I thought someone would. I've opted back in.

 

Yes, it's conceivable that a viable argument could be made that the polices/procedures to which you agreed in writing formed the basis of a contract. It depends on how everything was written up.

 

If it looks like "you can't work here unless you agree to the following," and you did agree, in writing, then you may be able to argue successfully that the employer breached the contract by not bringing you back.

 

Where do you want to go from here? I can't make any individual recommendations for attorneys, but I can tell you that there is a very large law firm with offices in Tacoma and Seattle that took a leadership role in representing plaintiffs in some wage and hour cases (you know, those cases where people were required to appear for work 15 minutes before their shift started, but weren't being paid for the 15 minutes, etc...).

 

Often, people think that the large law firms just represent corporations, but actually many of them have the resources to represent a sole employee, like you.

 

If I may be of any further help, please write back. Give me a little extra time, because it's Thanksgiving week, and my time isn't quite my own.

 

Otherwise, please click "accept" so that JustAnswer and I can be paid.

 

Either way, Happy Thanksgiving to you and yours.

 

My best,

 

Jane

Jane Doe Deer, Employment Lawyer
Category: Employment Law
Satisfied Customers: 3896
Experience: Attorney since 1986; Plain English - Discrimination, Fire/Hire, Non-Compete, etc.
Jane Doe Deer and other Employment Law Specialists are ready to help you