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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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My name is ***** ***** Lanie RN I am a specialized dialysis

Customer Question

Hi my name is ***** ***** Lanie RN I am a specialized dialysis RN that works for Davita, inc A large dialysis provider. I was hired to work in Duncan Oklahoma as a chronic dialysis nurse. I would occasionally float to other chronic clinics. In late September I was approached to cover the acute program in Ardmore Oklahoma on a as needed basis to take call or pick up a weekend and I have been here for seven months. Ardmore is two hours away from my home which is lawton Oklahoma. My question is this I have been very patient and it does take a special nurses to do the job I do and they have to have specialized training. I never signed anything I never said I would do this forever. I set out a timeline of six weeks to get these nurses trained I called my facility administrator at the Duncan Oklahoma clinic to tell her that I should be able to come back to my regular job at the clinic in that timeframe. However, the facility administrator informed me with a witness standing beside me on speakerphone, that she was advised by her regional operational director to give away my job. I feel that I have had by rights violated and my job cannot be given away. I do know as a fact that they have been interviewing nurses for my position and then when I have trained the nurses to take over the acute program in Ardmore at the hospital then where my to my question is have my rights been violated many people of told me that they have and that I should seek legal counsel.
JA: Thanks. Can you give me any more details about your issue?
Customer: How in-depth details do you want I've been a nurse since 1995 I have nothing in my work file no disciplinary actions no tardiness no absenteeism. The nephrologist that I work closely with is extremely grateful and extremely pleased with my work performance
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and welcome. I am very sorry about this. Can you think of any ulterior motive your employer would have for doing this? I look forward to assisting you.
Customer: replied 1 year ago.
Perhaps the only thing I could think of is the fact that I am age 54, with much dialysis experience and do you get a higher pay rate than the lower entry level dialysis nurses. The regional operational director, Does not care for me since I have stood up for myself on issues regarding pay and how I was promised things and he never followed through. There is absolutely nothing he can use to discipline or terminate me. He does not like the fact that he has to pay me almost $39 an hour plus hotel accommodations food, travel time, and mileage. This position in Ardmore Oklahoma as an acute dialysis nurse is providing dialysis in the hospital setting. There is a shortage of these nurses and as long as I let them use me like this nothing will change. I am to be training a nurse to take my place and have proposed a timeframe to go back to my regular job to resume my previous duties at my previous pay rate of $29.56 an hour which is quite low In comparison to what I am making now. However I don't have a problem with that I feel the need way beyond what I should've been doing and I'm tired worn-out and needing to get back home to my husband and sleep in my own bed. I am also on call 24 hours. I absolutely cannot think of what motive he would have except I stand up for myself and I am a very intelligent nurse and he is a bean counter
Customer: replied 1 year ago.
I spoke with a nurse that I work with when I was working in the chronic dialysis clinic in Duncan Oklahoma, and he asked me when I'm coming back or if I'm coming back and I told him that the clinic facility administrator gave my job away and he would knowledge the fact that there is a nurse starting there and they have been interviewing other nurse candidates for a float nurse position. So it is very difficult for me to figure out where I am supposed to go when I am done trading the nurses in Ardmore Oklahoma I asked the regional operational director and he told me that there should be plenty of float hours that I can pick up and travel to at various clinics. I again informed him that I want my job back! And that was the end of our conversation.
Customer: replied 1 year ago.
I notify the Davita compliance people services department and filed a grievance. They called me back the regional operational director named Jake, gives this gentleman from corporate different story. So now my complaint has gone up the chain to a communicational specialist to try to sort things out. There really is not a lot to sort out the fact of the matter is my job as a staff dialysis nurse in Duncan Oklahoma is been given away. Jake told me thatI no longer have a clinic home but I still am a member of the Davita Village.
Expert:  Patrick, Esq. replied 1 year ago.

Thank you very much for your reply.

While what you are describing is extremely unfair and unquestionably bad management, it is not illegal unless you can prove that it is occurring specifically because of how old you are or due to some or other legally protected trait, such as your race or religion. In all other circumstances, employers are free to manage their business in whatever manner they choose. They have no obligation to be fair or reasonable, and can take adverse action against you even if you have a spotless performance record. This is because employment is "at will" absent an agreement to the contrary. At will employment can be terminated at any time for any reason other than a legally protected trait (i.e. age, race, religion, etc.) or a legally protected activity (i.e. filing a wage claim), regardless of whether the reason is fair or even true. Since employment can be terminated "at will" the terms of employment can be modified with equal freedom.

You indicate that your age may be your employer's motive. However, it seems that the real reason you suspect is your pay grade. While higher pay often correlates to being older, it is not illegal to take adverse action against an employee because they are paid more. In fact, this sort of economic motive is extremely common and legal even though it tends to affect older employees more than younger ones who are lower on the pay scale. Businesses have a right to try to maximize their profits, which necessarily may entail reducing payroll.

If you truly believe that your age and not your pay is the reason why this is happening and you have at least some evidence to back this up (i.e. negative comments are made about how old you are, there is a pattern of unfavorable treatment toward older employees, or the person taking your clinic home is substantially younger and less qualified), your recourse would be to file a complaint with the EEOC. This is the federal agency that enforces our age discrimination laws. The EEOC will conduct an investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will issue you what's called a "right to sue" letter which will then authorize you to file a lawsuit in civil court. This would be your remedy under these circumstances.

But again, if you can't prove that age is the reason this is happening to you, none of the other reasons you suspect are illegal, and you would not typically have any recourse through the court system. Your only recourse in this circumstance would be to deal with the matter on an internal level by complaining to your higher ups and appealing to their sense of fairness. And if that doesn't work, you may wish to consider leaving this job for an employer who treats you better.

I hope that you find this information helpful. If I can be of any further assistance just let me know. If I have answered your question, I would appreciate if you would take a moment to positively rate my service, which will allow me to receive credit for my time.

Best wishes,


Expert:  Patrick, Esq. replied 1 year ago.

Were you able to view my answer?

Expert:  Patrick, Esq. replied 1 year ago.

Are you getting my messages? Would you please let me know if you are able to read this?