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Gerald-Esquire, Lawyer
Category: Employment Law
Satisfied Customers: 2737
Experience:  30 years of experience
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I was "separated" from my job on 7/15/16 for "poor

Customer Question

i was "separated" from my job on 7/15/16 for "poor communication with a client". I do not know who the client is or what the communication was. I was promised two weeks of severance pay and my accrued vacation time if I signed a severance agreement. the severance agreement is a falsified document. It states that it is a mutually agreed upon situation which it is not. It states that I reviewed all charts with the physician which I was not permitted to do and puts me in a position of liability since I did not get to report off to anyone.
On Tuesday I called out with an unexpected illness and was told by my doctor that I was anemic. On Wednesday I wrote an email and asked if I could have a lunch period built in to my schedule since there is none built into the scheduled and there were weeks that went by without my having lunch or a break. the hours of the clinic were 10 am to 6 pm. I was not allowed to go to lunch with the medical assistant since they wanted someone in the clinic at all times. Prior to this I had been told by the owner of the company what a good job I was doing and how much money I was saving. Then suddenly he stopped answering my calls about patient care saying his cell phone was broken. I sent an email at the end of each day including him in the patients seen for the day and asking for his feedback.
I am 61 years old. I live alone and drove 120 miles a day to get to this job. I worked in a hostile environment created by the lead case manager who is a lawyer. She had me doing a lot of scut work that I did not have time for in my day. The MA was new and did not have any one to train her as the previous MA had been told she had communication problems and she quit.
I need the money they owe me. I have not been approved for unemployment because they fired me for cause and it is under appeal. They should not force me to sign a document that would make me liable for falsehoods in order to get my money and they are ignoring the fact that they denied me lunch and that I was ill. I am a Nurse Practitioner with 19 yeas experience and was told by my boss that my notes were great and that I was doing a great job and saved them $750,000.00 in the first quarter. They just called me on my day off, 7/15/16 and told me that they thought it would be best if they separated me from the company because the client complained about how I communicated. I don't know who the client is or what the communication is.
I am devastated. I need help with this and I need the money they owe me. Can you guide me? Thank you, ***** ***** RN MS APN
Submitted: 2 months ago.
Category: Employment Law
Expert:  Gerald-Esquire replied 2 months ago.

Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

It sounds like you were "managed out the door." The first move was to try to make you miserable hoping that you would leave on your own. The second move was to find a "neutral" reason to let you go to reduce the likelihood that you would litigate the termination.

This happens very often with long term high paid middle managers. There are two reasons for this 1) You cost too much money and 2) you are a threat to the managers immediately above you because you are knowledgeable and capable.
This does not mean that you do not have options. Because you are over 40 and a women you meet two categories of a protected class.

This means it is worth your while to file an age and gender discrimination complaint with the EEOC and your State's Human Relations Commission. It costs nothing to file the complaint. If the agency discovers that your job duties still exist and a younger person is performing the duties you may very well find that you have an action.

Also the agency can provide mediation services so that you may be able to negotiate a better severance, or perhaps even a return to work.

Also note that you can usually file a "dual complaint" with your state agency. Most State discrimination agencies have an agreement with the EEOC so that your complaint with the State is forwarded to the EEOC.

Please do not be to overly concerned about any clause in the Severance Agreement that prohibits you from filing a complaint or suing. The Courts rarely enforce those clauses because they are viewed as violating public policy.

Lastly, you may wish to meet with a local discrimination attorney to assess your situation. Most will meet with you at no cost to assess your case. The laws on these issue provide for the violator to pay attorney's fees. So it is worth calling an attorney or two.

If you let me know which state you are in I will try to link you to your State's agency regarding discrimination complaints and link you to a resource that can help you find local counsel.

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

I hope the information I have provided is useful to you and that I have earned a positive rating from you. It costs you nothing extra, and is the only way I get credit for my attempt to assist you.

If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.

Good luck.

Kind regards,


Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

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