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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 118658
Experience:  20+ Years of Employment Law Experience
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I'm an RN and was working ambulance transportation company.

Customer Question

I'm an RN and was working for an ambulance transportation company. Upon hiring I was given the EKG test to take home. The reference materials I used were in the nurse’s office at the station (where I was stationed). They were placed in a binder with the companies logo on it. I took the test twice and failed. Afterwards I told my supervisor what I was using to studying. He informed me that the material in the that binder was false. The next day a field supervisor came down and took the false material out of the binder. My immediate supervisor told me that I had 4 days to prepare to retake the exact same test, and he also told me that if I didn’t pass that one I would be terminated. I had to sign a document stating as such as well. Four days later I was given a completely different and more difficult test and I failed that as well. I was terminated 2 days later.
I wrote a letter to the owner stating the above (which was suggest by a manger) and he said his willingness to let me retake it albeit a different version a few weeks later pending his managers approval. In the meantime I was denied unemployment insurance and now am trying to appeal.
What should I do?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Legally, this is not governed by state law, this testing is up to the employer and unless you can prove that this was done to you only based on your age/race/sex/disability/national origin, your only recourse is in unemployment. In the unemployment appeal, you need to present proof that you did not fail through any fault of your own and that they had incorrect information provided to you for the test and based on that incorrect material you were not able to complete the test. So, you would need to bring in a witness to testify in your unemployment hearing that you were given incorrect information.
AS in all of these cases, hiring an attorney to represent you on appeal is the best chance you have and unemployment attorneys do not typically charge up front fees, they charge a small percentage from any benefits they are able to win for you.