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Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20079
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I was hired on 8/8/16 as a Nurse Manager, Day Shift, 3/days

Customer Question

I was hired on 8/8/16 as a Nurse Manager, Day Shift, 3/days 9/16/16per week, from 7a-7p at THE CENTERS located at 5664 SW 60th Ave, Ocala FL. On 9/16/16 I was fired by my Director of Nursing (Tiffany)because I was asked by her at 6:55pm minutes before my signed off time, to work an additional 4 hours. I informed her that I could not, Because I am a diabetic, and I didn't had the chance to eat my lunch for the 12 hrs shift worked for that day, I informed her that I didnt made proper arrangement with pick up for my son, also i let her know she have notified me too late for me to stay. She insisted that That I MUST not leave the facility until 11pm, in which she will relief me at that time. I apologized to her and I told her that I was sorry, but I cant stay. Tiffany in turn response to me was, " you are immediately fired, I need you to hand over the facility ID, Keys, and Phone and immediately leave the facility. At this time. I hanged up the phone, proceeded to finish up my work despite been fired. Five minutes later, I recieved a call from Mark ( Administrator for the CENTERS). He also called to demand me that I MUST not leave the facility until Tiffany arrives. He also instructed me that if I leave the facility, He will call the state to report my license, and also let the state knows that I abundant the facility and the patients. At this time, I tried to informed him of the 3 reasons why I could not have stayed, but his respond to me was, I am eating dinner with my family, I cannot talk to you". Then he reply his threats to me again. I informed him that I will not be staying. He hanged up the phone. ( just to inform you that during these phone conversation between Tiffany and Mark, was Mr Jeff, who is the Supervisor for the Techs at the Centers, he was the one who keeps receiving the phone calls and handing the calls to me). After finishing up my work, ready to exit the facility, is was Tiffany who walked in. We went ti do the Narcotic count, then she escorted me through the door. On Monday 9/16/16, I emailed a letter to the CEO of the CENTERS (Mr TIM) of the incident that took place. On 9/19/16, I received a call from (Ms. Jackie) the Chief personnel of Human Resource. Her call was ti find out directly what occurred on 9/16/16 verbally. I informed her exactly what have happen, her response was, Give her some time to do her investigation and she will get back to me. On 9/20/16, I received a call from Jackie, before she started speaking, she informed me that I was on speaker, and also informed me who was in the room with her. She then informed me that after careful investigation, my job is reinstated back to me. I accepted the job back, I started back to work on 9/24/16.
Now this is were I am e to seeking your advise whether or not if my situation needs legal action?
Since returning back to work, the working environment is never the same. I am working under constant scrutinity and pressure. The DON doesn't speak to me unless if I am seeking answers to a situation, If she has something to say to me, Her approach to me is "Hey", She gives me such bad look, I was told by Mr Jeff, to be careful because I am been monitored. I am not comfortable working in this environment anymore, At some point I feel I will be set up purposely to be fires. As an employee, I have a right to be working in an environment that is comfortable and also to receive the support and professionalism from my superiors. In this case, I believed I am been retaliated against for reporting my supervisors. I need your Professional expertise support in this case. Thank you.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Marsha411JD replied 6 months ago.

Hello,

Thank you for the information and your question and I am sorry to read about your situation. Although I can certainly understand your discomfort, nothing in what you have described after returning to work is unlawful retaliation. In order for their to be some sort of unlawful retaliation you must be the victim of "severe and pervasive" harassment, or there must be an adverse employment action (such as a demotion, negative change in hours, reduction in pay, etc) taken in your case. Until those events occur, there is no legal recourse related to what you described.

That doesn't make it professional, but despite what you might expect in the workplace, there really is no right to a genial, professional, comfortable work environment. That is not what the law requires. It only requires that there be no violation of wage and hour laws and discrimination laws (which again require the types of actions I described.) "Severe and pervasive" harassment is much more extreme than what you described, which is admittedly not professional, but also not illegal.

You might reconsider whether or not you want to continue working for this employer and if not, start trying to find more acceptable employment elsewhere while you are still working so that you can make your transition when you are ready.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box, I will receive credit for assisting you today. Thank you

Expert:  Marsha411JD replied 6 months ago.

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 20th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.