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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17223
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 Ohio. I work for a acute care hospital

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I am a registered nurse in Ohio. I work for a acute care hospital and have been employed with them for almost two years. When I was hired I was given and signed a job offer letter that states that I was hired for a full time position. Over the past 3 months the hospital I work at has been experiencing low patient census so nurses have been called off and put on call repeatedly. We have been forced to use all of our paid time off that we accrued. I am now not getting paid for any shifts that I am called off. This is creating a huge financial burden on my family. Do I have any grounds for a lawsuit based on breach of contract?

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

This is a common situation,

wallstreetfighter :

if the contract stated that you are not an at will employee,

wallstreetfighter :

or if the contract stated what exactly is "full time", and that you would be paid a certain salary for being full time,

wallstreetfighter :

you may have a breach of contract lawsuit against the employer,

wallstreetfighter :

however, most offer letters and contracts are not written so specifically as to create an enforceable term,

wallstreetfighter :

Ohio, is an at will state so if the contract states you are not at will, that means the employer cannot make changes to your duties at anytime.

wallstreetfighter :

What you should do is have a local employment attorney review the exact language of the contract to see what rights were given you,

wallstreetfighter :

If the contract language is specific enough, you can sue them for breaching the contract

Customer: replied 3 years ago.

The contract states that full time is 36 hours per week and my pay per hour. It does not include anything about not being an at will employee.

If you were guaranteed full time work, and it is defined as 36 hours and you are given less hours, you may have a valid breach of contract lawsuit, still the contract has to be reviewed to make sure their is no fine print giving the employer some legal right to change it, but you should consider at least a legal threat to see if they give you more hours
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