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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 54300
Experience:  Licensed attorney helping employers and employees.
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Situation/Questions:Employment contract states: Compensation

Customer Question

Situation/Questions:
Employment contract states: Compensation is based on 40 hours each week, according to___ usual payroll policies. Employee will work during normal business hours of operation (7:30 to 5:30 M-F). Situation: Prior to starting work, was told would be scheduled 7:30 to 4:30 for a total of 8 hour days for a 40 hour work week (during the hours of operation and not outside of hours of operation, no weekends or evenings). Now and since beginning work, have been told must work 7:30 to 5:00pm, even when there is NO work to be done and if I've stayed late the day before (I'm salary and not hourly). I was WRITTEN UP for leaving prior to 5pm, even though all my work was done and I had worked 8 hours in that day and 40 hours that week. Is that appropriate? Can I be put into the disciplinary process even though my contract states that I am to work 40 hours per week?
2. I was given a write up for situations that were blatantly un-true. It was said that I abandoned my patients and drove off --this did NOT happen. I had to speak to the Board of Nursing, regarding my license and I informed the Office Manager -she was fully aware - I informed her supervisor, who in turn sent me an email confirming my call. I went outside to make the call in privacy after fully informing my team and never left the premises. The office manager wrote me up and said I abandoned my patients when I drove off (WHICH NEVER HAPPENED) and I am afraid this could affect my license. Is there anything I can do about this legally???
3. After this recent write up (which is actually more detailed and contains more incorrect information) I feel that I cannot work at this facility without worrying for the safety of my license. However, the contract states that I must provide 90 days notice, which makes me really fear for my license. But if I have cause to terminate my employment, I do not have to provide 90 days notice- does any of the above information apply to that clause?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.
I see no basis for a disciplinary action since you adhered to your terms.Your license should not be at risk. If they are violating your rights, document it in writing and communicate to them,Given their conduct and risk to license I do not see need to give 90 day notice, and again, document it in writing.Kindly rate the answer positively.