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 Zachary Your Own Question

Zachary
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4006
Experience:  Contracts, Wrongful termination and discrimination
17219180
Type Your Employment Law Question Here...
Zachary is online now
A new question is answered every 9 seconds

Hi, seeking advice if I have a case. Centralization of services

Resolved Question:

Hi, seeking advice if I have a case.
Centralization of services caused my program manager position to be eliminated, and I was let go. I was a corporate EE that worked with ~35-40 facility based EE. These facility based EE are now centralized to one corporate cost center and now have dedicated leadership with newly created manager and director positions.
I was told I was not eligible for either of these new positions (mgr/Dir) due to myself not being a RN (which is in both new job descriptions.) I was told it was company’s policy that clinical staff must report to another clinical person. I inquired and was never provided this policy by HR; I was later told (not by HR) that there wasn’t such a documented policy in our database so it did not exist. I provided HR & my supervisor org chart examples where this “policy” was not consistently applied; never heard back from HR.
My JD was updated 4yrs ago and it stated RN required; I was kept in this pgm mgr role despite not having the RN requirement, I've independently obtained 2 national credentials in the area to show I have knowledge and competency on the subject area knowing I wasn't a RN.
The 2 new JD’s contain most of the content that was in my with a few additional items-i.e. budget & direct EE responsibility. I was asked to be part of interview panel and one applicant interviewed was not a RN instead a non-US physician (was not selected). I was “not eligible” to interview because was told I did not meet the ‘RN or “clinically equivalent” requirement’. They’ve used ‘clinically equivalent’ to permit individuals that were trained as a physician in other countries that are not yet licensed in US.
I was the only person that was let go from this centralization. One internal EE RN was hired to be the manager, and an external RN was hired to be the director.
I'm in AZ at will state, age >40, Long-term employee >14yrs, at maximum PTO accrual, and with exceeds performance annual reviews.
I’ve been offered career transition center…where I’m provided regular salary/benefits/pto accrual for 3 mths and an additional 1 month due to being over 40 without pto accrual rate. In exchange I need to sign release and submit weekly log to show job search activities. Once I obtain another role (internal or external, PT or FT), then this CTC ceases.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Zachary replied 1 year ago.
Hi,

Thank you for your question. Based on your fact scenario, it does not appear that you had an employment contract with your previous employer. In Arizona, Employment falls under the "At Will" doctrine, which provides that unless you have an employment contract which states otherwise, your Employer can let you go for any reason which is not illegal (such as gender, race, or age discrimination).

The fact that you are over 40 brings you under the protection of the Federal Age Discrimination in Employment Act (ADEA) and the Arizona Employment Protection Act. These statutes would make it a wrongful termination for you to be let go if the reason for your termination was based on age as the motivating factor.

However, in your case, it appears that there is facially a valid reason that the employer chose to terminate you, as your position was made redundant and you did not possess the required RN qualification. The fact that your employer had previously chosen to allow you to continue working in your position even though you were not an RN does not have any effect on the situation. Further, even though you may arguably be otherwise qualified through your experience and national accreditations as a "clinical equivalent" to an RN, this does not create any legal rights on your part in this situation.

In short, I do not believe that you have a case for employment discrimination or wrongful termination based on the facts provided.

-ZDN
Zachary, Lawyer
Category: Employment Law
Satisfied Customers: 4006
Experience: Contracts, Wrongful termination and discrimination
Zachary and 5 other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

Thank you, XXXXX XXXXX the validation. Others have suggested it was a rouse to get rid of long term, higher paid EE and thought perhaps it could be linked to my age. Appears because they put the RN requirement in JD, that's how they get away with it.

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:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • 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
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.