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I am an RN at the Memphis VA Medical Center and I work

evening and night shifts. The...
I am an RN at the Memphis VA Medical Center and I work evening and night shifts. The Quimby et al v United States class action lawsuit for VA RNs is discussed at www.vabackpay.com. The Electronic Code of Federal Regulations Title 5 532.505e states we are to be paid shift differential when we take leave with pay which is Annual leave (vacation), sick leave, or military leave. This suit covers from Sept 5,1995 to the present. We know Housekeeping personnel have been paid for years their shift differential when they take leave with pay. VA knew they owed us RNs differential pay, but chose to ignore Federal law.
Attorney Letchner told us via email that the govt. lost the case, but has not made known their intention to pay the back pay or appeal the case. Is there anything we can do? How long can VA drag this case out? Help!
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Answered in 13 minutes by:
8/1/2010
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in the Employment law arena.
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If you all haven't sued on your own behalf, (or are a member of the Class action) now may be the time to do so. They may not pay you until you do. I am assuming here that you were not part of the seminal case you note?

While it would be nice if the VA started paying everyone you pointed out that case, their differential, but there are no guaranteed - they will very possibly only pay the nurses involved in that case. However, since the RNs won that case, it will be easier to sue them for you differential, assuming the facts support you, because the law has now been clarified. And if you are IN that case, all the better, because at least you know eventually you will be paid.

ANd yes, appeals can take many, many years. Hopefully they will not appeal, but there are no guarantees.

Coming from a family of RNs, I know how hard you work in an extremely stressful environment. I'm glad you will be getting some justice, although as we know, justice moves slow.

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Customer reply replied 7 years ago
I failed to tell you that we did sign up to be included in the class action lawsuit when it was offered to us at www.vabackpay.com last year on Oct 12,2009 by Mr Lechner.
Excellent! So when the matter is said and done (uggh, I know), you should be paid without further ado, rather than having to sue based on that new precedent. I know it is very hard to be patient - but maybe you can look at this this way, if you have the money in hand (when it should have been, in a perfect world), it would likely have been spent. We have a funny way of spending more when we have more. Now, you can get a bigger chunck, all at once, put it in an IRA, etc. or somethingthat will work for you and your future economic wellbeing - rather than look back and say, I wish I had an IRA :), I wish I had tightened up and saved more... Just a way to look at it and see the positive.
AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 13,580
Experience: 19+ Years of Legal Practice in the Employment law arena.
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