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Loren
Loren, Lawyer
Category: Employment Law
Satisfied Customers: 34476
Experience:  More than 30 years in legal practice.
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Shotwell I have been employeed as a nurse at the same job

Customer Question

my name is ***** ***** I have been employeed as a nurse at the same job for over five years the recently newly hired boss DON recently fired me. Before being fired I was working 6-2 and due to being 15min lates on multiple occasions I was placed on night shift and on a 90 probation not too be late again or I would be terminated within a two week window I was called in and terminated the don stated it was due to being late despite being told not too, I questioned her when because since placed on nights for the past two weeks was never late, she stated "due to word of mouth and that's what she had to go on I was and unfortunately was still terminated".. I refused to sign my termination notice and left, later I was told from other sources I was fired to not filling out paperwork correctly, was accused of being on drugs despite never touching a drug.., even told it was due to filling out miss punch sheets making it look like I was on time when I wasn't.. all these are in correct and due to being fired it has cost me time and money and am about to lose my truck and behind on bills due to this event.. is there any help that can be provided or any case there for wrongful termination or decimation of character???
Submitted: 2 years ago.
Category: Employment Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to provide an honest and accurate answer to your question.
Before we begin, a bit more detail would be helpful please.
Did you have a written employment contract covering a specific period of time and requiring cause for dismissal?
Do you have any reason to believe you were treated differently due to your race, religion, age, gender, etc.?
Customer: replied 2 years ago.
I do have the termination paper that I refused to sign and statements from nurses and maintenance that was asked to back up the cameras to see if I was on time which I was... and gender wise possibly me and the other male nurse are loved and adored by our patients and family but higher up and office wise catch a lot of hell from the boss's
Expert:  Loren replied 2 years ago.

Thank you Jeremy for the additional information. Did you have a written employment contract?

Customer: replied 2 years ago.
to not be late again ? Yes....
Expert:  Loren replied 2 years ago.

I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

If you have no written employment agreement then you are, in all likelihood, an at-will employee. As such, you are pretty much subject to the whim of your employer. They can change your schedule, your compensation or even terminate you at any time and for any reason or no reason.
The only limitation is that the employer may not take adverse action against you in violation of your civil rights (unlawful discrimination) or out of sexual harassment.

If you believe your civil rights are being violated you can file a grievance with the EEOC at www.eeoc.gov.

Otherwise, it is really a matter of internal office politics or policy and not something which could be redressed in court.

I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.

Best regards.

Loren

Expert:  Loren replied 2 years ago.
Hi Jeremy. Did you have further questions? Have I answered your question?