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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am an RN working in a healthcare facility as a supervisor

Customer Question

I am an RN working in a healthcare facility as a supervisor in AM. The administrator talked to me if I can work if I can work midshift 12 nn-8 pm that I didn't agree so they put me back to charge nurse in AM shift. I've been in facility for 10 years and they change the administration maybe 3 years, I was promoted to be a Supervisor. At this time we are 2 supervisors in AM the other 1 is a new nurse instead of putting the new nurse in midshift they picked me instead. I didn't get the position bec. I have 1 job in the pm. In short the new nurse remain as supervisor in AM and they put LVN supervisor in Midshift. And I heard from other that they really want me to be out as a supervisor and I don't know why and they even want them lower my salary. When I was a supervisor they didn't even give me a raise. Do you think this is fair enough for me or they are descriminating me? I hope you answer me so I know what to do.
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Joseph replied 4 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

In order to provide you with a complete and thorough answer, I need some additional information.

Do you have reason to believe that you were discriminated against due to a protected characteristic (such as race, gender, national origin, ethnicity, or sex)?

Customer: replied 4 years ago.
As we notice our ADON she is putting all her friends in that position. They don't offer the position to an RN. Is it right that an LVN can supervise an RN. Is not only discrimination what I want to know. Are they right in doing that to me? Because they don't even tell me what I did wrong. Do I need to do some action?
Expert:  Joseph replied 4 years ago.
Hello Evangeline,

Can you tell me if you are an at-will employee or do you have an employment contract with your employer, or are represented by a union?
Customer: replied 4 years ago.
We don't have a union, I've been working in this company since 2003
Expert:  Joseph replied 4 years ago.
Hello Evangeline,

Unfortunately, if you're an at-will employee, there is nothing illegal about your employer treating you unfairly in relation to other employees. This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, and states:

"An employment, having no specified term, may be terminated at
the will of either party on notice to the other. Employment for a
specified term means an employment for a period greater than one

Unfortunately, your employer can treat you differently than other employees, as long as it is not doing so due to discrimination based on a protected characteristic.

I realize that the above information is not what you wanted to hear and I sincerely wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.

Please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!