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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19168
Experience:  Employment/Labor Law Litigation
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I am a Director of Nursing at a small non profit

Customer Question

I am a Director of Nursing at a small non profit facility.Yearly a Gala is scheduled to raise funds for the agency.Depending on who is being honored tickets are 10,000 for a table or 500 a piece.This year all Director in my building and associate directors (five in total )were invited to attend,except me.I asked my immediate manageing director ,why I,orthe medical director was not invited to represent the medical dept.Her response was she did not make out the list this was done by the CEO and I should discuss with him.I over heard several comments from my staff wondering why I was not invited as the other directors were,and am concerned that my status and reputation may have been damaged by this unexplainable exclusion,and I also do not know if I should pursue with CEO.Do I have any legal recourse here?I have worked at this company for 10 years.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

The only way that you'd have any legal recourse here is if you have some evidence to suggest that the reason you are being left out here is your race, religion, gender, age, disability or recent medical leave use. It's not otherwise illegal in employment law to be generally petty and exclusionary.

Leaving you off the list is not legally a statement, so it can't be used as a basis for a defamation claim (damage to your reputation). For you to have that sort of claim here, the CEO would have to have made a positive statement of fact which was false (like saying that you weren't invited because you kill puppies as a an example). Just leaving you of the list is certainly a passive statement, but that's not illegal.

Regrettably, on these facts as they are stated here, I don't see any recourse for you.