we are nurses working in a hospital here in fountain valley california,in june 2012 we were told that the oncology unit we work at is temporarily close for a few weeks because of low census.at that time it was filled up with 28 patients which have to be distributed all over the hospital in a hurry to close the unit. so we were assured that it was only for a few weeks by our unit director, now since yesterday she has not faced us. only e mailing that there will be a decision soon.now there are hospital personnell calling my co workers that they are laid off. but there are new graduates that are being oriented who are assured that they are hired. is there any way to protect our jobs? can you help us please
State/Country relating to question: California
we tried to ask our union representative yesterday august 1, 2012 to be there and set up a meeting with the unit director so we will know what will happen to us but she said our names are XXX XX those who are fired and should just wait until friday
Hi, and Welcome to JustAnswer, Thank you for your question, My name is Andrea, and I am a Licensed, practicing Attorney, During prior negotiations between your Union and the Hosptial/Employer, if your Union obtained for you either written assurances from the Hospital/Employer that your jobs and resective positions were secure for a certain period of time, or your Union obtained written Employment Agreements which specified, among other things, the conditions or circumstances under which you coukd be terminated, then your jobs and positions are secure and if you are terminated, you can sue the Hospital/Employer for "Wrongful Termination" and seek damages, If, however, neither of the two options mentioned above were obtained for you, then your employment is "At Will" which means that the Hospital/Employer can terminate such employee at any time for any reason, or for no reason. It is very unfortunate that almost all the States are "At Will" Employment situations because they leave the employee with no recourse, or redress against the employer. I am sure that your Union Representative will protect your interests and will have something favorable worked out with the Hospital/Employer. I wish I could give you a more definite Answer and the one you were hoping for, but I have an ethical obligation to you to give you only correct Answers, so I am respectfully XXXXX XXXXX you not hold the law applicable to your employment situation against me, Please be kind enough to rate my service to you as "Excellent", If you rate me at anything less than 3 stars, it will appear as a negative rating against my name, If you need clarification, please let me know by pressing the "Reply" button, Thank you for allowing me to be of service, ANDREA.
25 yrs Employment Law, Real Estate & Business Law, Family Law, Criminal Defense, Immigration
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