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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12922
Experience:  Significant experience in all areas of employment law.
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Is there a specific suspension procedure if a CNA drops a patient during a bathroom transf

Customer Question

Is there a specific suspension procedure if a CNA drops a patient during a bathroom transfer? Specifically, is the CNA entitled to any type of notification from her employer? Is it standard for the employer to suspend the employee 3 weeks without any type of notification or communication? She discovered she was not scheduled to work until May 18th through the computer scheduling system.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. If you are in a union and have a contract that contains procedures for implementing discipline, your employer would be legally required to adhere to those procedures. However, in the absence of a contract that contains such procedures, no law limits how an employer can act in these circumstances, and a three week suspension without notice or an opportunity to appeal is lawful. The reason for this stems from the fact that employment in the state of Florida 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. Since employees can be fired for any reason or a poor reason, the law does not impose any greater limitations on lesser forms of employee discipline, such as suspension. All that can be done in this situation is wait patiently for the suspension to end, or to request that the suspension be shortened or reconsidered, but an individual in your circumstance regretfully has no legal leverage to make demands. 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.