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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13504
Experience:  19+ Years of Legal Practice in the Employment law arena.
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Im a LPN Nursing Manager in Connecticut.

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I'm a nursing manager in a health care facility in Connecticut. For the past 6 years, my company has failed to hire adequate per-diem staff to cover my shifts, and I've never been able to use the full amount of benefit time allowed me (or that is, the full amount of benefit time my company agreed to give me as part of my compensation). My company has a policy, which I agreed to on hire, that states a management level employee needs to give 30 days notice before quitting. 1. Since they haven't compensated me appropriately, can I leave without 30 days notice? 2. Since they haven't compensated me appropriately, if I leave do I have a good case for obtaining unemployment compensation? Please take note that I am a Licensed Practical Nurse (LPN), and not a Registered Nurse.

Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Employment law for 19+ years and look forward to assisting you.

With regard to your post:

I'm a nursing manager in a health care facility in Connecticut. For the past 6 years, my company has failed to hire adequate per-diem staff to cover my shifts, and I've never been able to use the full amount of benefit time allowed me (or that is, the full amount of benefit time my company agreed to give me as part of my compensation). My company has a policy, which I agreed to on hire, that states a management level employee needs to give 30 days notice before quitting. Question #1: 1. Since they haven't compensated me appropriately, can I leave without 30 days notice? Yes, you can leave when you want, there is no ability of them to force you to stay. However, if they wanted to push it, like anyone, they can try to sue - whether this is a breach of the contract term to not do so is another story. Your position would likely be that the employer breached its duty to compensate you, which was so material in nature that it could be treated as a constructive termination of contract (via its breach), thereby relieving you of the obligation to perform the work for which the compensation - you likely have proof of your continued urging of the employer to comply with its obligation, (if not, create it now before you leave) which it of course had the power to do simply by properly staffing. If they did sue you for that alleged breach by you, you would of course countersue for their multiple breaches - the value of your lost vacation time. It would be my 'guess' that they'd realize that they'd probably lose more than they 'might' gain - even if they won their claim, your claim would possibly be of more value AND, there is a good chance that their claim would lose.


2. Since they haven't compensated me appropriately, if I leave do I have a good case for obtaining unemployment compensation? That would likely depend on how agregious the cost/value of what they aren't giving you, but I do think you have a big chance at it. You MUST document your diligent attempts to get the employer to comply with the contract you had with it - and ideally, the lack of compliance is major. For instance, if you get 3 weeks (15 days) paid time off, and you have only received 13 days/year, due to the lack of coverage for the other 2, it may not be considered reasonable to quit and get UI benefits, given this economy - what would a reasonable worker due under the overall circumstances. On the other hand, if you have only been able to get 4 days out of 15, well, that could be different. You see what I am saying?


I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

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