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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5686
Experience:  Exclusively practice labor and employment law.
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Is it ok institution to put a new employee, one still on

Customer Question

Is it ok for an institution to put a new employee, one still on probation, in charge of a psychiatric hospital unit that consists of sever behavioral problem patients? The charge nurse was a RN for 4 months and put in charge due to lack of staffing! Of course, there was an incident and the nurse got terminated! Just wondering, on behalf of that RN
Submitted: 2 years ago.
Category: Employment Law
Expert:  John replied 2 years ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

If the nurse weren't a new hire and not yet entitled to union protection this certainly would have been a matter the union contested and probably won because it was an unjust termination. But that is not the case. The employee is at will at this point meaning the employer can terminate for virtually any issue it desires...even if it is unfair. And there is no state law that mandates any level of staffing or experience for the charge nurse, which is generally why the lowest seniority person gets stuck with the position.

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