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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114803
Experience:  20+ Years of Employment Law Experience
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I was placed on administrative leave a year ago last March.

Customer Question

I was placed on administrative leave a year ago last March. I am an RN in Minn. with 45 yrs of exempletory service. It was for an "unsafe" situation one evening I worked. I had a meeting with my charge nurse and union rep was with me. I felt very intimidated and not understanding the charges at that time as no written account was presented to me before hand. I felt fearful I would be fired so decided to retire to get out of the situation.
In the meantime I feel it was entirely unjustified and have felt a shadow over me and my long years of dedication. It was a terrible ending for me.
Do I have any recourse available as I had wanted to work until the next March and retire then after one more year?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
I am afraid that any action you could have brought for an employment action had a 300 day statute of limitations for you to bring. So if you did not file your suit within the one year, any action would be time barred. In addition to the statute of limitations barring action, once you retired you also ended your claims against the employer for their actions, since you did not give them chance to take any adverse action against you for which you could have then sued and you took your own action voluntarily.
Additionally, had you not retired and let the employer pursue the allegations against you, then you would have had recourse under the union contract. Once you retired you lost any way to refute the claims the employer was making against you.
Customer: replied 1 year ago.
Is not the union rep suppose to look into the charges to protect the employee?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Yes, it would be the union's duty to pursue the employee's grievance and to investigate charges if the employee asked. However, once you retired, that is what ended the union's duty to you. I agree the union could have represented you, defended you, filed an appeal or grievance and even for arbitration for you if they took action against you. The problem is that you retired or quit voluntarily and did not allow the union process to work.

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