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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37925
Experience:  I provide employment and discrimination law advice in my own practice.
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I am a LPN who has worked at a hospital for 15 years. In 2010

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I am a LPN who has worked at a hospital for 15 years. In 2010 I received a letter informing me that if I didn't return to school for my RN,


I AM AN LPN WHO HAS WORKED AT A LOCAL HOSPITAL FOR 15 YEARS. IN 2010 I RECEIVED A LETTER INFORMING ME THAT IF I DIDNT RETURN TO SCHOOL FOR MY ADN DEGREE OR TRANSFER TO ANOTHER JOB WITHIN THE COMPANY MY JOB WOULD BE ELIMINATED AS OF 8/31/13 I HAVE APPLIED FOR TRANSFER BUT, HAVE NOT BEEN OFFERED A JOB.MY QUESTION IS; CAN I BE DENIED UNEMPLOYMENT FOR THIS? I APPLIED FOR TRANSFERS BUT WASNT OFFERED EMPLOTMENT.IS IT TRUE THAT THE ABILITY TO TRANSFER IS NOT A TRUE OFFER OF EMPLOYMENT? ALSO MY COMPANY HAS A POLICY FOR SEVERANCE PAY WHEN A JOB TITLE HAS BEEN ELIMINATED(THEIR WORDS NOT MINE)I'D APPRECIATE ANY HELP YOU CAN GIVE. THANK YOU,SUSAN
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question, Susan. Please permit me to assist you with your concerns.

Ultimately this would be considered a potential 'for cause' termination since the termination was conditional on certain behavior, namely going back to school for a higher specialization. Since it then becomes a situation where the termination is 'for cause', unemployment would be denied as it is only granted generally to those who are terminated 'without cause' or without control on their end. Here, arguably you could have either transferred or gone back to school, and since both of those options are legitimate and you had longer than 2 years to accomplish it, I do not see unemployment upholding this as a valid petition.

I am sorry!

Customer: replied 1 year ago.


do you charge me for every question?

Expert:  Dimitry K., Esq. replied 1 year ago.
Susan,

I appreciate your negative rating. Much like you, I am a professional and if you asked a direct question based your facts, I will answer honestly based on my expertise and research. Blaming me for the information is neither fair nor professional--it is akin to a patient blaming you for why they ended up in the hospital. Your rating will affect my standing simply for being honest with you and your situation.

In any case I wish you well.
Customer: replied 1 year ago.


sorry for the rating. just hoped i had a case. thought 16yrs counted for something.never drew an unemployment check.thanks for your honest report. so unprofessional of me.thanks again

Expert:  Dimitry K., Esq. replied 1 year ago.
Susan,

Not a problem. I can understand your frustration, truly. Let me ask you question, if I may. Why did the facility put such a rule in place? Did they want to upgrade all LPNs to RNs? Or was it based on some other factor?

(By the way, you only get charged when you rate positively, so far your money is on deposit with the site).
Customer: replied 1 year ago.


gave no reason,just wanted all rns.in illinois is a offer to transfer a true job offer by law? ive done some research and it isn't in california

Expert:  Dimitry K., Esq. replied 1 year ago.

Susan,

Thank you for your follow-up. Two issues:

1. A bona fide job transfer is a job offer in Illinois provided the positions are similar or equivalent. A request for you to find a job transfer is NOT a job offer since that is an illusory promise, meaning there is nothing behind the claim--there is no job, merely a promise to find one. That, however, is not a violation--since the request that you find a transfer took place over 2 years ago, it is a known requirement permitting the employer to claim you were essentially contractual until that time, and not entitled to benefits.

2. The reason I asked about company concerns is if their claim or demand for education was only made to certain individuals, such as only women, or those over 40, then it could be discriminatory. Based on your facts I do not see that as the case but I wanted to evaluate it just in case.

Good luck.

Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 37925
Experience: I provide employment and discrimination law advice in my own practice.
Dimitry K., Esq. and 3 other Employment Law Specialists are ready to help you

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