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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 117370
Experience:  20+ Years of Employment Law Experience
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I work hospital - almost 30 years now. Management has been in turmoil with complete

Customer Question

I work for a hospital - almost 30 years now. Management has been in turmoil with complete turnovers in all ADMIN positions. Prior year did not have a CEO, COO or CFO. I have always been a star unit director, often receiving a merit increase when we were told as group that they were frozen. Many long term employees have been forced to resign by changing their shifts to nights, writing them up and age. Long term staff are then replaced with a lower salaried staff and a new title. I have now been targeted. I have been given a written warning with a 30 day expectation of change and the issues listed are not even true. I have never had a written warning. I met with the HR Dir. first and then HR, CNO & CEO and that was a joke. I did not get to talk. The CEO done all the talking. HR Director is on the ADMIN team and is basically a Colleague with all my supervisors and the CEO. This is a small town. There are no fair process to follow up with on the Grievance process.
Submitted: 2 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Are you under any type of union contract or employment contract with them?
Are they doing this to employees and you in particular based only on your age/race/sex/disability/national origin?
Customer: replied 2 years ago.
I am not under any type of contract or union.
They are doing this to nurses that have been employed at the hospital for 20 + years and make the higher wages. One nurse was made to resign due to her age. Her last day is Sunday.
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
This has been a huge issue for the employment attorneys dealing with employment discrimination cases. Unfortunately, employment without any contract makes the employees at will employees, meaning they can be terminated or moved without any recourse for no reason or any reason other than solely based on the age/race/sex/national origin/disability of the employee.
The courts have said that terminating employees who are at the top end of the salary range, even though it typically impacts older workers and otherwise could be a violation of the Age Discrimination in Employment Act, is not age discrimination as it is based on economic determinations and not solely on the age of the employee.
The sad answer in these situations is it is legal to terminate employees in this manner or to assign them to different shifts if the reason is economic and the employee's only recourse is filing for unemployment.
Now, if they are making an employee quit because of their age, to avoid being guilty of age discrimination they will have to prove to valid safety reason for doing so and prove she is not safe to patients or in the workplace. If they cannot do so, then that employee would have a claim for discrimination under the ADEA for age discrimination if their age is the sole factor in the reason she was asked to resign.