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Ray
Ray, Employment lawyer
Category: Employment Law
Satisfied Customers: 38292
Experience:  30 years in Employment law
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My wife works in a hospital. Her 93 year old father is

Customer Question

My wife works in a hospital. Her 93 year old father is current a patient in the same hospital. She got into an argument with her supervisor over her father’s care. Her father was placed into a special room in a heart floor (because he also has heart problems) because that thought that he had Tuberculosis. They wanted to move him to a different floor because his heart problems are under control.
After the argument with her supervisor she was told to go leave take care of her family issues and come back on Monday and meet with her supervisor and HR.
She has been working at the hospital for 14 years. The environment in her department is abusive and my wife can take abusive behavior without defending herself..
What protection does she under the law. She is almost 60 years old and did have authorized family leave for her mother who passed away 4 months ago. She did not get a renew it because with her father in a nursing home she did not think that she would need it since the nursing home would take care of most needs.
The nursing home is part of the same hospital that she works for and she can visit him several times a day. The department is so abusive that if she is a few minutes late in coming back from the nursing home (which is on the hospital grounds) she get yelled at, not in private but in public.
Yesterday when she was told to leave she got a call from the department head while she was home. The department head (a women) yelled at her for being insubordinate..
What is the best thing that she can do on Monday? She likes her job is very good at it, her productivity is high. Yet working in an abusive environment is not good.. My suggestion is to write a statement of what happened, why it happened. (She was insubordinate to a superior yet she was in a conflicted position.)
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA. Ray here to help you today.

She may consider filing with EEOC here.It is possible they are trying to force her out of her position and practicing age discrimination and possibly sex as well.While she is an at will employee here they cannot discriminate.Often employers use a smoke screen like this situation to try and remove and older employee.

I see that she did nothing wrong here and to me it is clear they are trying to remove her because of her age and sex.They cannot do this, a complaint here is warranted.Such a complaint here would arguably make it retaliation if they fire her or suspend her after the complaint.You would then file a second complaint claiming retaliation here.

You would get right to sue letter from EEOC and then may sue for damages in unresolved.It is also possible to back these folks up, she may consider a lawyer to protect here from such discrimination and retaliation here.EEOC gives her rights here apart from being an at will employee.

File here

http://www.eeoc.gov/employees/charge.cfm

Expert:  Ray replied 1 year ago.

Consider an employment lawyer to protect her from adverse personnel action here and save her job, also seek compensation for discrimination.

http://www.lawyers.com/labor-and-employment/new-jersey/find-law-firms-by-city/

I am so sorry she is having to deal with this.I wish you both the best here.I appreciate the chance to help you today.