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Ask Tina Your Own Question
Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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Fulltime employee.....wo u r, Work for home health agency.

Customer Question

Fulltime employee.....wo u r
JA: Have you documented this or discussed it with HR?
Customer: Work for home health agency. Im a nurse.....they recently cleared my schedule
JA: I'm sorry but I'm not sure we have an expert who covers what you are looking for. Maybe if you give me more details I will find you a connection to someone who can help you.
Customer: I have not been officially fired......am i sr
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Still getting paid
JA: Anything else you want the lawyer to know before I connect you?
Customer: Hostile work environment
Submitted: 5 days ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 5 days ago.

Hello and welcome. My apologies but I'm not quite sure I understand your question. What precisely is it that you would like to know? I very much look forward to helping you on this matter.

Customer: replied 5 days ago.
I am a fulltime employee, a supervisor threatened me she cleared my schedule of patients last wednesday. I have not been officially fired. What are my rights
Customer: replied 5 days ago.
My schedule is also cleared this week
Expert:  Patrick, Esq. replied 5 days ago.

Thank you.

As a general matter, employment in all states is "at will" absent an express agreement to the contrary. At will employment can be terminated 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.

So, unless you have reason to believe that adverse employment action is being taken against you because of a legally protected trait or activity, as defined above, you would not typically have much in the way of rights. Your employer would not otherwise need any reason to terminate you, and thus, would not need any reason to clear your schedule or suspend you. Your only real power in these situations is the power of persuasion. This means contacting HR or your supervisor and attempting to reason with them to determine why it is that your schedule has been cleared and explaining that whatever the basis is for that decision lacks merit.

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....

Customer: replied 5 days ago.
I am a home health care nurse
Expert:  Patrick, Esq. replied 5 days ago.

Thank you, ***** ***** Please see my answer to your question above.

Expert:  Patrick, Esq. replied 5 days ago.

Was there anything else I can do for you?

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