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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15999
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I am a Registered Nurse in Nebraska. I was terminated from

Resolved Question:

I am a Registered Nurse in Nebraska. I was terminated from my job at a hospital where I have worked for 7 years, partly due to a statement I made on Facebook that in general stated I was upset I was missing my son's birthday party because I had been called in to work because another unit didn't have staff scheduled so they were using the staff from my unit....hence why I was called in to work. Second, I was at a final warning stage because my hospital maintained that I didn't renew my nursing license before the deadline because I didn't show up on the DHHS website by midnight of the deadline, although I had documentation that my license was in fact renewed prior to the deadline, and also by the time I had the "final decision making leave" meeting in HR I had received my nursing license in the mail and the post mark was even prior to the deadline, but my employer didn't even want to look at my documentation. So basically if I hadn't had the mark on my employee record in regards XXXXX XXXXX nursing license my unit Director stated that would have just gotten a "slap on the wrist" in regards XXXXX XXXXX Facebook post.

I am just wondering if I have a viable case.
B. Dannenberg
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

Nebraska is an at will state, and an employer can terminate any employee at anytime, except if it violates an employment contract, or is based upon an employees protected civil rights,

wallstreetfighter :

In your case, the termination is clearly unjustified,

wallstreetfighter :

however legal action will be difficult, unless you can show the actions of the employer were based upon your age, race, gender, or some other protected right,

Customer:

even if in the policies they are using to show that I was irresponsible in regards XXXXX XXXXX license does not say that the license has to shop up on the DHHS website by midnight of the day of the deadline? And I have documentation that my license was never in lapse?

wallstreetfighter :

If the employer has a contract or policy with you that states you cannot be terminated without cause, you can sue them for a wrongful discharge, and at that point you can fight the license issue and win,

wallstreetfighter :

however, if you do not have a contract that states the above, in Nebraska you cannot sue an employer for a termination,

wallstreetfighter :

If they defame you to others, by claiming you violated your license requirements,

wallstreetfighter :

you can sue them for defamation,

Customer:

In my employee counseling summary the behaviors that it states I showed were "tardiness, carelessness and reckless behavior" not the best adjectives that an RN would like describing them.

wallstreetfighter :

If they spread this to future employers or to others, you may have a strong defamation case,

Customer:

So basically there really isn't anything that I can do? Even if this termination has an affect on my nursing license? I honestly am not sure how much they share with future employers I have worked for this organization since before I graduated with my RN. So the last place I worked before here was a restaurant......

wallstreetfighter :

If they try to defame you, or if you provide a negative reference, your only legal option is a defamation lawsuit,

wallstreetfighter :

In terms of challenging the termination, that is difficult in Nebraska, as it is an at will State, and the law allows an employer to terminate any employee for any reason

Customer:

ok, the negative reference is one of the things I am worried about.

Customer:

Well that just sucks.

wallstreetfighter :

You should hire an attorney now and have them send a Cease and Desist letter threatening a defamation lawsuit, if they state unsubstantiated information about you to future employers,

wallstreetfighter :

that would stop them,

Customer:

I am not 100% sure at this time about an employer policy or contract about termination without just cause, however I do remember that there is a 90 probation period where I could have been dismissed with out cause, basically through out the new employee orientation period, but beyond that I am unsure.

wallstreetfighter :

You may want to ask HR or look into this matter,

wallstreetfighter :

if they have a policy that states employees can only be terminated for cause,

wallstreetfighter :

you can sue them for a wrongful termination

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, so we can receive credit.

Customer:

Thank you I will do some checking into things.

wallstreetfighter :

Good luck,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15999
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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