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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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Is there a maximum number of hours an exempt nurse should be

This answer was rated:

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?

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

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