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Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 56898
Experience:  Licensed attorney helping employers and employees.
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I am employed as a Nurse manager in a hospital and I feel

Customer Question

I am employed as a Nurse manager in a hospital and I feel that I was demoted from my position to a floor nurse in retaliation. My boss sent me a text message on a Sun, stating I would be taken off the schedule until I took a required test. I responded ok, she then asked if I intended to take the test on Monday, I stated yes, On Monday, I received a text message at approx 12pm stating did you speak with person who was to administer the test, I stated not yet, she stated I think she's leaving early today, I called the person and left a voicemail, an hour later I drove to the facility and the person was gone, I left another voice mail and requested a return call to find out when she was available. On Tuesday I received a call from the night shift nurse manager asking where I was, I stated our boss had removed me from the schedule, she stated no, you are still on. I stated no she removed me from the schedule, 2 hours later I receive a text message from my boss asking where I was, I again stated that she told me she removed me from the schedule, she asked if I could come to work, I stated I had to leave (the doctors office) and I would go home and get dressed and then come, I also explained that I didn't understand as I had not taken the test yet, again she requested that I come in. I arrived at approx 11:30 am(6:45am start time). I went to my boss office and was informed she had left. I called her via cell phone from the facility, she instructed me to go to her boss off, the director, I spoke with the director and explained everything to her, showed her the text messages and explained that I was not sure what was going on. She stated I could go home as they did not need me anymore. That evening I received several text messages from my boss stating I would be taken off the schedule without pay until the test was complete and she would discuss where to go from here when I returned. The next day, after taking the test, I went to HR because I did not like the way things were happening. I explained all of the above, the person in HR went and spoke with my boss(which I did not like, because I wanted to ask questions and find out the policy and procedure) she returned with my boss(which made me very uncomfortable) I was then informed that I would be demoted to a floor nurse AND placed on a level 2(I did not have any diciplinary action prior to this) I explained that I felt as though I was being punished twice, I questioned how this could be a level 2 and I wasn't even on a level(this prevented me from transferring to another floor, or facility) the HR rep stated that it was at the managers discretion. the next week I was called into the directors office and my boss stated that the nurse working in my ususal position today stated I was not concerned about a patients HR and she had to call the physician, the director then placed me on a level 3 and stated that it would be in my best interest to resign or take a leave of abscence. I explained that the incident did not occur at all. I am a veteran RN of 16 years, this RN had only 1 year of experience and we are not the same race, in additon the same RN had made false allegations against me that were investigated and found to be false, the RN then stated to myself and the director that she really was just having a bad day, as the reason for her false statements, she was not disciplined at all for this. I strongly feel that this is retaliation for me going to HR asking questions and showing my screen shots which I didn't ask her to ask anything on my behalf. I feel that I am being forced out. What can I do about this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

Good morning, reviewing your facts now.

Expert:  Infolawyer replied 1 year ago.

you can contest it as follows: You may challenge it as a violation of company policy and protocol. If you have a union you want them on notice and involved in negotiation. If you suspect age or gender discrimination, you may use that for leverage to supplement any claims that they are not following policy and acting arbitrarily. You may also involve a lawyer locally to speak to HR for more leverage seeking to negotiate a settlement of this situation.

Expert:  Infolawyer replied 1 year ago.

Kindly let me know if that is clear, and if i can clarify anything, ask me.

Expert:  Infolawyer replied 1 year ago.

Kindly take a moment to rate me positively. Have a great day!

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