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Delta-Lawyer, Lawyer
Category: Employment Law
Satisfied Customers: 3546
Experience:  In-House Counsel & Litigator
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Dear expert, this is my question: Five years after RN termination

Customer Question

Dear expert, this is my question: Five years after RN termination from the hospital can she be re-hired as a stuff nurse within the same company but on a different unit, e.i?
Details: In 2010 I, new and inexperienced RN, was terminated from SEMC (Hospital in Boston, MA) and for a few weeks received unemployment. Four years later, working for the agency, I started a contract position as a nurse- traveler on the same unite at the same hospital. I worked their until during an in-service meeting I met my former unit manager... . My contract has been canceled immediately. SEMC works under a big umbrella with other company hospitals. In 2014 I was offered a nursing position within that system. The night before the orientation I received an e-mail about cancelling my job offer. Am I on Do- Not-Hire list? Is is on my personal records? I am a very skilled nurse...
How does it affect my nursing employment opportunity?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Delta-Lawyer replied 2 years ago.
Unfortunately, if they have a policy of do-not-rehire, then you have no legal grounds to challenge this decision. The bigger question is are you being discriminated against, since on its face, their current actions are legal. If they are making this decision based not on policy, but instead predicated on your race, gender, age or disability, then you do have legal grounds to file suit in federal court through the EEOC. You will need to be able to show that someone else that is similarly situated did not receive the same treatment as you. That can be tough but not impossible. The fact that they are the predominant nursing employer in the area does not make their actions illegal. We will need to prove discrimination to make this actionable. Let me know if you have any other questions or comments. Please also rate my answer positively. Best wishes going forward!
Expert:  Delta-Lawyer replied 2 years ago.
Did you have any other questions or comments? I just want to make sure you are as comfortable as possible as you move forward. Thanks