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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15792
Experience:  Employment/Labor Law Litigation
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I am a registered nurse in FL with a great reputation until

Resolved Question:

I am a registered nurse in FL with a great reputation until I began working on my recent floor. I was recently emailed a "peer review accountability" by the clinician which brought up three incidents that are totally false. I replied as I believe she is attacking my reputation and integrity. If I didn't respond I feel as I would have "agreed" to her findings. She and my nurse manager both wrote back that "I feel you are being very defensive" etc and there is a meeting for 3pm tomorrow. I believe it is my age(55). Over the past year certain things have been said to me. I just want to know how I should handle tomorrow.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

If you believe that your age is the basis for this treatment, then the best thing that you can do is say that to them tomorrow, outright.

 

I know that many people feel that that is a dangerous thing to do, but in truth, if that is your belief, then you need to make that clear to the employer. The employer must then take that argument seriously, because to ignore your allegation is to essentially state that the company supports age discrimination.

 

Now, you don't tell the company so that they'll help, because usually they don't help. They become defensive and say that your position isn't supported by their investigation. You say it to the employer because if you don't, and you wait for them to discipline you or even terminate you, then you give the employer a defense against your claims....the defense that you never gave the employer the chance to cure the issues.

 

So, bring a pad of paper and write down everything. Tell them that you believe you are being discriminated against based on your age. Give clear examples (like the three false allegations and the other bullying issues). Then see what they do.

 

That's really all you can do, in advance, to prepare.

Customer: replied 1 year ago.
Thank you for your prompt reply. I'm slightly confused regarding your 4th paragraph. "Employer vs company". Are you stating that my nurse manager is the employer and the hospital is the company? Medical field is odd. Nurse manager is an employee of the hospital/company. Confused on this part? If you are just telling me to inform my nurse manager, I understand.
Expert:  Allen M., Esq. replied 1 year ago.

The ADEA laws concerning discrimination don't apply to private citizens. They apply to companies.

 

So, informing your nurse manager may be sufficient, but really the point is that the hospital needs to be made aware, because they are the entity that would be held legally liable for the actions of the nurse manager.

 

So no, your nurse manager is not your employer. The hospital is the employer.

 

 

Customer: replied 1 year ago.
Will this in anyway make getting another job difficult in your opinion.
Never thought I would be at this point in my life. Just a bunch of bullies. I am a pleasant hard working popular nurse. I have never been a target before. TIA
Expert:  Allen M., Esq. replied 1 year ago.
No, it's not something that is legally allowed to be considered when you are seeking new employment, so it's not information that new employers can request or old employers can pass on.
Customer: replied 1 year ago.
You're sure she can't pass it on? Legally
Expert:  Allen M., Esq. replied 1 year ago.
If she does, she's essentially engaging in retaliation under the ADEA, because she's looking to punish you for using the law.

Any future employer that took it into consideration also would be engaging in retaliation against you for you using the rights provided to you by the ADEA law.

Yes, it is illegal.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15792
Experience: Employment/Labor Law Litigation
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