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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 12631
Experience:  Significant experience in all areas of employment law.
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My RN husband was placed on administrative leave by Kaiser

Customer Question

My RN husband was placed on administrative leave by Kaiser since July 6 because of his probationary license due a domestic violence case we had in 2012 and kaiser said they will call him on when he can work but He is worried that they might just terminate him
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Good evening and welcome. I am very sorry to hear about your husband's circumstances. If you would be so kind, can you clarify what your legal question is regarding this situation? What is it that you would like to know?
I very much look forward to helping you on this matter.
Customer: replied 2 years ago.
He has a DV case arises from our big fight in 2012 so it was filed in the Board of Nursing and a case was made against him but we got a lawyer and was able to retain his license and went on probation for 3 years . But he has to tell Kaiser the situation bec that is The brn condition . That he has to work for 6 months with monthly eval from the supervisor . Kaiser aware of the situation placed him on administrative leave with pay since July 6 2015 and the manager told him that they're just going to call him of there is an available manager available to be with him while he work. Now he is worried that kaiser has not called him yet til this time though manager said that your position is intact. So we are both afraid if kaiser is planning on retaining him or terminate him . We are so worried about this since it will be hard for him to find a new job until probation is attached to his license . What's would be the best move for him ? Do we just need to wait? He's afraid that they might just terminate him although the incident is not related to RN work.
Expert:  Patrick, Esq. replied 2 years ago.
Thank you very much for your reply and clarification. I can appreciate the difficult of this situation for you and your husband. From a legal standpoint, though, there is really nothing that you can do.
This is because employment in the state of CA 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.
This means that your husband can lawfully be terminated based on incidents unrelated to work, regardless of whether he has been assured that he has a position. So, all your husband can really do is continue to wait and cooperate fully with his employer. He may want to politely call and ask for a status update, but beyond reminding his employer that he is still on leave and that he is waiting to be reinstated, there is just no other course of action he can take to improve his situation.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 2 years ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
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.
Very best wishes.