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Lucy, Esq.
Lucy, Esq., Attorney
Category: California Employment Law
Satisfied Customers: 30376
Experience:  Lawyer
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I've been on pd Administrative leave for 21 days now with no

Customer Question

I've been on pd Administrative leave for 21 days now with no word from my employer. How long can this go in?? I'm crying all the time
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: California
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Union, full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I've been having problems with my supervisor for two years, I'm always complaining how unsafe the work environment is for nurses and pts, she keeps telling me " maybe thus job is too hard for you and you'd be happier somewhere else" . I got in trouble for clocking out missed breaks, and I did miss my breaks. They have scared us Nurses from clocking out missed breaks, so all the nurses claim they get tgeir breaks. I know they dont
Submitted: 1 month ago.
Category: California Employment Law
Customer: replied 1 month ago.
I took a call light away and restraint a confused pt (I'm an RN, working at my job almost 28 years, I'm 55) and they have me on Admin leave for taking the call light away from this 92 year old pt, who was confused, kept exposing her breasts, naked waist up, removed her 02 and desired to 70%, was trying to take her over out and I was just trying to protect my pt! The supervisor( this is on another unit) called me in and angrily said "whenever take call light away from Pts and we never restraint pts on that s unit!!) this went to my supervisor who has followed me around my unit and harassed, intimidated me, and made our unit a hostile environment to work in for me and other nurses. She's already gotten rid of two nurses, and one was put on level 4, and one is out on mental stress scared to come back she could be fired and now there is me, and I think she is going to go after Ingrid RN next!
Customer: replied 1 month ago.
Desated to 70% without her oxygen, that supervisor on the other unit said "we never take call lights away from pts( this pt was hitting her call light non stop, I kept going in her room and finding her confused and naked!), so I took the call light out of her hands and restraint her so she couldn't pull off her o2 tubing or pull her over out! Her O2 saturation got better with the O2 on. Management is claiming this pt was without her call light for a long time but she wasn't because tgat supervisor found out and made me untie her! And give her back her call light!
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Do you have a contract with the employer that says anything about termination only being for cause or how long they have to investigate allegations against employees?

Customer: replied 1 month ago.
I don't know, it's Kaiser Permanente, and I belong to UNAC, United Nurses Association of California. I never thought it would be 3 woks today! I thought maybe 3 -5 days. This Administrative leave should be against the law! It's like a prison in my head! I can't think of anything else! I'm an excellent RN and have given up so much of me for my pie Ts and their families.
Expert:  Lucy, Esq. replied 1 month ago.

I'm sorry that they're doing this.

There isn't a specific law regarding how long an employer can put an employee on paid leave. There would have to be a contract before the leave become illegal. You may want to talk to your union representative to see what they can do to help you.

It's illegal for an employer to take negative action against an employee for raising concerns about legal violations. It's illegal for them to make you clock out for breaks you're not getting. And for any break of less than 20 minutes, they can't make you clock out in the first place. Employers who give short breaks must pay employees for them. It's possible this is part of what they're investigating.

When an employer takes illegal action against an employee, the law allows the employee to claim attorneys' fees in any successful lawsuit. For that reason, it might be worth contacting a local attorney to reach out to them on your behalf and begin arrangements for you to return to work. The other option is to report them to the Department of Labor for wage and overtime violations - but that won't necessarily get your job back.

Expert:  Lucy, Esq. replied 1 month ago.

If other, younger employees who have been placed on leave haven't been left there for 3 weeks, or if you see them treating you differently than employees under 40, you may also have an age discrimination claim against them.

If you have any questions or concerns about what I've written, please reply so that I may address them. If I did not address the specific thing that you wanted to know, it may not have come across clearly to me, so please restate that question. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

Do you have any other questions about this?