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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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Is my story in a shell. I was red as a full time LPN nursing

Customer Question

Hi there is my story in a nut shell. I was hired as a full time LPN for local nursing and rehab center and my start date was 1/27/2016. We are a union as I was told from day 1 that I would auto icily be a m her after 90 days probation. Anyways I worked full time 2-10 with usual days off work and started being a main target for for lpn supervisor and management as I had got written up twice and just found out about it, because the lpn supervisor made it look like like they were just Evaluations given to new hires so I started asking around about Union questions and contacts...well I go into work on 5/29 to my usual full time position and was told by a part time /as needed nurse, that I wasn't a nice rose today and that I was an aide. I went into panic because all my residents requir d full body lifts for high I wasn't trained for and I refused the assignment based on safety concerns of myself and the residents. I alerted my RN supervisor and said that I would get residents bathed and up for supper but since I wasn't trained on mechanical lifts I didn't feel safe to use them and she stated that was fine and that she needed a statement from me for reason I was leaving..so far wrote a statement and also stated I would return the next day for my normal scheduled nursing shift..the n xt day was supposed to be time and half for memorial/holiday and when I punched in and ent to my UNIX floor, I was escorted by 2 RN SUPERVISORS that said they were told by the DON Michelle winnings they were to make me leave...I was humidified in front of 8 or so coworkers. The next day on 5/31 was my normal day off so on weds 6/01/2016, I decided I better call in to make sure I'm still on schedule and they don't embarrass me again by sending me home, when I called in, sure enough I was off the schedule. I talked to HR Dept and she got the DON and they were both questioning me about the night 5/29 and claimed that they have to investigate be they are trying to claim abandonment, so I assured them that by Pa nursing law, abandonment is leaving a job assignment without the proper call off notification procedures, so then they state that I'm not allowed to return back until their investigation is done and that I'm supposed to wait by the phone and "they will let me know"....here it is 6/12 and I still haven't heard anything, I called union rep and they told them they are still investigating...my job status online says I'm still active and my pay is not suspended..I just need to know what I should do....this is so wrong..even in union agreement , employer has broken laws
Submitted: 5 months ago.
Category: Employment Law
Expert:  Ely replied 5 months ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. What exactly are you asking here, i.e. what do you wish to know? For example:

1) Can they fire me simply based on this mistaken fact?

2) Am I in criminal trouble?

3) Can I get the union involved?

4) Etc.

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Expert:  Ely replied 5 months ago.
Hello! Just touching base to see if you still needed an answer and if you could reply to my query. Thanks!

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