How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask wallstreetfighter Your Own Question

wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15590
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

Is there a maximum number of hours an exempt nurse should be

Resolved Question:

Is there a maximum number of hours an exempt nurse should be allowed, or expected to work in a day or in a week?

Can that nurse be terminated for not getting her work done because she is taking care of her patients instead?

If that nurse leaves work ill, is that grounds for suspension?
Submitted: 10 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 10 months 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 :

Does the nurse have a contract or part of a Union?

Customer: I do not belong to a union. I do not have a contract, other than the job description which I signed at hire.
wallstreetfighter :

From my review of Iowa law, the number of hours for nurses to work are not limited for exempt nurses,

wallstreetfighter :

Since Iowa, is an at will State an employer can suspend or terminate any employee for any reason, even if the reason is unjustified as it seems to be,

wallstreetfighter :

unless you can claim the reason for the employers actions are due to your race, gender, age or other protected civil right, a legal course of action would not be possible,

wallstreetfighter :

The above are the Iowa laws regarding the nursing profession,

wallstreetfighter :

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

Customer: I guess what I will really be fighting is the fact that they have suspended me for allegedly telling a coworker to have an uncertified person pass meds when I went h
Customer: Me ill.,
wallstreetfighter :

that is a serious allegation,

wallstreetfighter :

and you should submit a letter stating this did not happen, and that you will consider a defamation lawsuit if they continue to make these unsubstantiated claims,

Customer: It is and it is not true. However, I work for a corporation and my regional team has been setting me up to be fired for some time now.
wallstreetfighter :

You should deny the allegations, and under the law, an employer can terminate you for any reason,

wallstreetfighter :

so an adamant denial on your part is warranted, as they may try to file a complaint with the nursing board,

Customer: Is there any protection under the hostile work environment?
wallstreetfighter :

that could be possible, only if the hostile work environment is due to your age, race, gender or other protected civil right,

wallstreetfighter :

if it is not based on your protected civil right,

wallstreetfighter :

a hostile work environment case cannot be brought

Customer: Would there have to have been specific comments made regarding my age, 59, to claim age discriminnation?
wallstreetfighter :

That would be good evidence, however it would be rare to have such evidence, you could also show patterns of terminations, suspensions, and hiring practices, to show discrimination

Customer: And that information would be hard for me to get.
wallstreetfighter :

Yes, it would be difficult, however if you file an EEOC civil rights complaint,

wallstreetfighter :

the EEOC could obtain this evidence,

wallstreetfighter :

also by filing an EEOC complaint, the employer may try to settle the matters with you,

wallstreetfighter :

and they would not be able to take negative action against you,

wallstreetfighter :

Equal Employment Opportunity Commission (EEOC)
Milwaukee District Office
310 West Wisconsin Avenue
Suite 800
Milwaukee, WINNN-NN-NNNNbr/>Phone:(NNN) NNN-NNNNbr/>TTY:(NNN) NNN-NNNN/p>

wallstreetfighter :

You would contact the EEOC above,

Customer: Thank you. I was told I am suspended till Tuesday. Our company policy is that one is not allowed on the property while suspended. I have not returned to work today, and have not heard anything regarding my status. Is it my responsibility to go. There or contact them?
wallstreetfighter :

I would file the EEOC complaint, and send a letter to HR about the complaint, or email.

wallstreetfighter :

The EEOC will also contact the employer

Customer: So it is their responsibility to contact me if I am allowed to come back? I do not want them to claim I am a no call, no show.
wallstreetfighter :

You should send an email asking them when you are allowed to return,

wallstreetfighter :

do not wait for them,

wallstreetfighter :

call them and email them

wallstreetfighter :

This way they cannot claim you failed to show up and quit

Customer: Ok. Thank you so much. You have been a big help.
wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback,

wallstreetfighter :

Thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15590
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 8 other Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.