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LegalKnowledge
LegalKnowledge, Attorney
Category: Employment Law
Satisfied Customers: 23980
Experience:  9+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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I was terminated as a travel nurse, which I believe was

Customer Question

i was terminated as a travel nurse, which I believe was wrongly is there any action possible?
JA: Have you documented this or discussed it with HR?
Customer: not yet
JA: Is the employment agreement "at will," union, full time or part time?
Customer: agency contract
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  LegalKnowledge replied 1 month ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 1 month ago.

Can you share with me why you believe you were terminated? Also, what State was this in?

Customer: replied 1 month ago.
I have been on assignment in Brookhaven New York since June, I was recently asked to extend until the end of January, I have been told that staff like me, doctors have asked if I'm staying on perm which I was not. I had never been spoken to about anything regarding behavior and on the review from superiors at the facility I met standards for all and exceeded expectations on communication with patients and staff. I had severe abdominal pain and was admitted through the ER the morning of a missed shift. while in the ER I waited 2 hours for pain meds and for a doc to see me I called a patient advocate who got the doc to respond who happens to be the medical director of the ER where I was working. She later came in apologetic and said you didn't have to call the advocate, the nurse told me you wanted to talk, not that you were writhing in pain, I was medicated sent upstairs for 2 days admission, prior to discharge I was unhappy with the service as i had not seen the hospitalist all morning and was due for discharge I phoned the advocate who remembered me but stated to call the social worker on my patient unit and not her. the hospitalist also happened to be the director of the hospitalists not employed by the actual hospital however an hour later while receiving discharge paperwork I got a phone from my agency that my contract was cancelled with no further email other than due to attitude. I now have to either find another contract on long island or loose my apartment deposit and month of rent which is paid, as the agency gives me the money for the housing rather than setting it up for me
Expert:  LegalKnowledge replied 1 month ago.

Thank you and please allow me a moment to review what your typed and respond.

Customer: replied 1 month ago.
This is the termination section of the travel nursing contractProfessional agrees that any additional time worked at Facility on a temporary or per diem basis commencing within twelve months of the end date set forth above, will be worked by Professional only through the Company, such obligation to survive the termination of this Agreement. This Agreement is governed by the laws of the State Of California and all claims arising under this Agreement shall only be brought in a court of competent jurisdiction in San Diego County, California. This Agreement contains the entire agreement between Professional and the Company and supersedes all prior oral and written agreements and discussions.Termination: Unauthorized absence, violation of Facility rules, insubordination, falsifying timecards or other unprofessional conduct or breach or neglect of duty will be grounds for immediate termination of the Assignment by Facility and of the Company’s obligations under this Agreement. This Agreement will terminate: (1) upon conclusion of the Assignment or (2) in the event Facility terminates Professional’s services.Company and Professional agree and accept this Assignment under the terms and conditions set forth here. Professional agrees the emergent needs of the Facility may require shift changes. Professional acknowledges and understands that the Professional Handbook supplied to Professional includes the Company’s policies, procedures, guidance and expectations, and is incorporated herein. Professional agrees to comply with the Handbook
https://tsc.onwardhealthcare.com/Forms/2015_Onward_Final_SA.pdf
Expert:  LegalKnowledge replied 1 month ago.

Based upon what you shared above, your employment contract is going to control. By that, I mean if there were promises and consideration made and given by both you and agency, the contract which you signed will dictate the grounds upon which the contract can be terminated and you being fired. If you have an employment contract, and your employer fires you without good cause, you have a legal claim for breach of contract.

Customer: replied 1 month ago.
which I believe is what occurred as they stated behavior as the reasons but as of yet have not given specifics and there should be nothing documented related to specific behavior that would be lawful or otherwise that wasn't anything other than he said she said things or performance related complaints by peers. in the world of nursing I am sure the facility would use whatever reason to justify their actions which could even be that I was late an hour one shift and that I had missed a few shifts due to documented medical reasons which still could be perceived as unauthorized absence. which I am sure they would include, and what I am thinking would block any legal action on my part unless I was able to prove that there were negative comments regarding behavior as a patient or in general from my admission the attending MD that cared for me in the ER
Expert:  LegalKnowledge replied 1 month ago.

Yes and you may have a legal basis to sue for the wrongful termination. If nothing was ever documented or evidenced and there is nothing to support the termination of the contract, for good cause, you could go after them. In a situation like this, on Monday, you want to start speaking with and reaching out to employment law attorneys. They can look over the entire contract and begin working on this and likely take it upon a contingency basis, whereby unless they recover for you, they do not get paid.

Customer: replied 1 month ago.
I understand, so they would only take action if they felt that there was a chance to win? and if I in fact won the case what possible compensation would I expect? pay for the duration of the contract? or some kind of settlement?
Expert:  LegalKnowledge replied 1 month ago.

A settlement would be something that would take place prior to the trial, whereby you agreed to accept X, so this does not go to trial. You need to determine your damages. For example, what you would have made if the contract was fully performed on. What you incurred in costs and damages as a result of the wrongful terminating and any other damages that resulted from their conduct.

Expert:  LegalKnowledge replied 1 month ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Customer: replied 1 month ago.
thank you
Expert:  LegalKnowledge replied 1 month ago.

You are welcome. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. A 5 STAR rating is greatly appreciated Thank you.

Customer: replied 1 month ago.
How can I get in touch with an employment law attorney tomorrow to continue discussion?
Expert:  LegalKnowledge replied 1 month ago.
You can respond right here and I will be happy to answer
Customer: replied 1 month ago.
I am still waiting for information on contacting an employment lawyer to get my case going
Customer: replied 1 month ago.
I have not received further information on an employment lawyer