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Samuel II
Samuel II, Attorney at Law
Category: Employment Law
Satisfied Customers: 27010
Experience:  More than 20 years of experience practicing law.
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My 7-3 charge nurse position was terminate they offered me a

Customer Question

my 7-3 charge nurse position was terminate they offered me a 3-11 position which I am unable to work when I declined the position they told me I had to resign I refused to resign but they would not terminate me so I told them I was going to come to work on Monday 7-3 they stated they will walk me out of the facility how do I end my employment
Submitted: 1 year ago.
Category: Employment Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

I am sorry to hear of this problem. Can you tell me why you are not able to work the 3-11 shift? And would that shift be for the same salary?

Customer: replied 1 year ago.
I am 56 years old and never worked that shift it would be a total life style change for me and I have not driven at night for 10 years it was at the same salary but no night differential
Expert:  Samuel II replied 1 year ago.

Thank you.

Do you feel your hours were changed because of your age? Do they provide a night differential to others in your classification?

Expert:  Samuel II replied 1 year ago.

I do not participate in phone calls offered by this site. But if you want to have a phone call instead of this chat forum, I can opt out and another professional may call you. It's up to you.

Customer: replied 1 year ago.
I I feel that I make more money than the other charge nurses and I am not friends with this new director of nursing
Expert:  Samuel II replied 1 year ago.

Thank you.

So unfortunately your options are very slim. You do not seem to have grounds to file for unemployment based on a constructive discharge and you do not have an age discrimination case.

Expert:  Samuel II replied 1 year ago.

And because you are in an "at will" state where the employer or employee may terminate the employment at any time, I suggest you will need to accept the shift. Now, you can decide to simply not return and file unemployment on the basis of constructive discharge because of your non night driving habits. But I suggest there is no guarantee you would get the benefit.

Expert:  Samuel II replied 1 year ago.

If you decide you want to try that, then I suggest you first have a discussion with the HR about your concerns with night driving and see if they can accommodate you.

Expert:  Samuel II replied 1 year ago.

Or at the very least place you in the 3-11 shift on a temporary basis granting you the first opening on a 7 - 3 shift.

Expert:  Samuel II replied 1 year ago.

I wish it was better news for you.

Customer: replied 1 year ago.
are we still conected
Expert:  Samuel II replied 1 year ago.

Hello

Yes, I am here.

Expert:  Samuel II replied 1 year ago.

Please tell me what other information or clarification I can provide.

Customer: replied 1 year ago.
are we going to continue the convertation
Expert:  Samuel II replied 1 year ago.

Thank you. Yes, I posted the information for you. Do you need me to post it again?

Expert:  Samuel II replied 1 year ago.

Here is my last post based on your response:

Thank you.

So unfortunately your options are very slim. You do not seem to have grounds to file for unemployment based on a constructive discharge and you do not have an age discrimination case.

2 Jan 2016, 2:33 PM

Me

And because you are in an "at will" state where the employer or employee may terminate the employment at any time, I suggest you will need to accept the shift. Now, you can decide to simply not return and file unemployment on the basis of constructive discharge because of your non night driving habits. But I suggest there is no guarantee you would get the benefit.

2 Jan 2016, 2:34 PM

Me

If you decide you want to try that, then I suggest you first have a discussion with the HR about your concerns with night driving and see if they can accommodate you.

2 Jan 2016, 2:35 PM

Me

Or at the very least place you in the 3-11 shift on a temporary basis granting you the first opening on a 7 - 3 shift.

2 Jan 2016, 2:35 PM

Me

I wish it was better news for you.

Expert:  Samuel II replied 1 year ago.

And so if you have other questions or need clarification, please let me know here.

Thank you.