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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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I was placed on administrative leave 2 hours before work today.

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I was placed on administrative leave 2 hours before work today. I had a conversation with my manager this morning about my work performance. I have never had a written warning. Nothing. I am a nurse and have worked at this NH hospital for 2 1/2 years. I'm not sure where I stand. I've been a nurse for 23 years. Never have been terminated. No bad patient outcomes. This incident was over a sat monitor. No harm was done to patient. I don't understand my rights.

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I am sorry to hear about your situation,


1. Do you have a written Employment Agreement with your employer, the hospital ?

2. Are you a member of a nurse's union, or any other union /

3. Is administrative leave with pay and for how long will you be in that status ?


Thank you,






Customer: replied 3 years ago.

Yes, I am a dedicated staff member for 2 1/2 years. Administrative leave is with pay and is for 2 days until nurse manager can collect more data and then I'll meet with her before my scheduled shift on Wednesday late afternoon. I don't know if they'll terminate me. I'm scared

The hospital's policy states that a "written warning" must be given first to an employee. I never received a "written warning" at all.

I am not a member of a nurse's union.

Thank you for your additional information, Kate, and do not be worried,



If an employer and employee have a written Employment Agreement, it will usually state the conditions under which the employer can terminate the employee. Without a written Employment Agreement, the employment relationship is "At Will" which means that the employer can terminate the employee for any reason, or for no reason, with, or without notice. However, there are situations where even though there is no written Employment Agreement, the employer cannot terminate the employee without first taking certain steps. In your situation, the employer must give the employee a written warning before even considering terminating the employee. Even where there is no written policy for written warnings, if the employer established, through a course of conduct, an unwritten policy of first giving employees written warning before terminating them, then the employer must follow the unwritten policy which was established before terminating an employee until a differen policy is established in writing. Therefore, you cannot be terminated at your meeting because you have never been written up and never given any prior written warning. If she does terminate you, you will file a formal Complaint with the Equal Employment Opportunity Commission ("EEOC"), on the grounds that you were singled out for different treatment than that accorded to other employees.




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