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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11264
Experience:  Significant experience in all areas of employment law.
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I am a registered nurse doing direct patient care in a

Customer Question

I am a registered nurse doing direct patient care in a hospital. Last Friday , I was notified that I am on "administrative leave " (with pay ) while a review is being done . I was not given any more information at that time and the unit where I work was not notified that I was not supposed to work that weekend.
On Monday, I was called into a meeting with my manager and "my" "business partner" (HR representative) and i was interrogated about my electronic charting about the condition of a patient. I did not have any representation or legal assistance.
I believe that all of my charting was accurate (I was not given the opportunity to review anything) I believe that my care of my patient was appropriate and I that I took good care of the patient. The questioning was about me doing some of the charting after clocking out and when I returned the next night and was caring for the patient again. The reason that I did this additional charting was because the oncoming nurse did not seem satisfied with what I told her in report and had already charted. I did the additional charting to address her concerns and provide more information for the electronic chart.
At the meeting on Monday, I was told that I will be on "administrative leave" until I hear from them at the end of the week. I have worked at this hospital for over 25 years. I was planning to continue working for another 3-4 years . This situation is very stressful and I do not know if there is something else I should do to prepare for whatever might happen next.
I was not requesting any pay for working "off the clock". I just wanted to make sure that my charting was more clear to the oncoming nurse who was precepting a new nurse. My patient's condition improved during my care . I followed the doctors' orders and thought I was doing all that I should have done until I was questioned by the dayshift nurse.
Is there something I should be doing now?
Submitted: 3 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 3 months ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 3 months ago.

I am truly sorry you are in this situation. In general, there is little an employee can do when faced with this sort of adverse employmnt action. This is so because of the general rule that employment in the state of CA is "at will" absent an express agreement to the contrary. At will employment can be terminated (and by extension suspended) for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Thus, your only remedies for an improper or unfair suspension exist on a personal level. This entails explaining your side of the story and attempting to reason with your employer. It sounds like you have already given your explanation for the charting issue. You can reiterate your explanation in writing, along with an apology for any deviation from protocol, but beyond this there is nothing more you can do aside from wait out the suspension.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 3 months ago.

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