Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

I was hired on 8/8/16 as a Nurse Manager, Day Shift, 3/days

Customer Question
9/16/16per week, from 7a-7p at...
I was hired on 8/8/16 as a Nurse Manager, Day Shift, 3/days 9/16/16per week, from 7a-7p at THE CENTERS located at 5664 SW 60th Ave, Ocala FL. On 9/16/16 I was fired by my Director of Nursing (Tiffany)because I was asked by her at 6:55pm minutes before my signed off time, to work an additional 4 hours. I informed her that I could not, Because I am a diabetic, and I didn't had the chance to eat my lunch for the 12 hrs shift worked for that day, I informed her that I didnt made proper arrangement with pick up for my son, also i let her know she have notified me too late for me to stay. She insisted that That I MUST not leave the facility until 11pm, in which she will relief me at that time. I apologized to her and I told her that I was sorry, but I cant stay. Tiffany in turn response to me was, " you are immediately fired, I need you to hand over the facility ID, Keys, and Phone and immediately leave the facility. At this time. I hanged up the phone, proceeded to finish up my work despite been fired. Five minutes later, I recieved a call from Mark ( Administrator for the CENTERS). He also called to demand me that I MUST not leave the facility until Tiffany arrives. He also instructed me that if I leave the facility, He will call the state to report my license, and also let the state knows that I abundant the facility and the patients. At this time, I tried to informed him of the 3 reasons why I could not have stayed, but his respond to me was, I am eating dinner with my family, I cannot talk to you". Then he reply his threats to me again. I informed him that I will not be staying. He hanged up the phone. ( just to inform you that during these phone conversation between Tiffany and Mark, was Mr Jeff, who is the Supervisor for the Techs at the Centers, he was the one who keeps receiving the phone calls and handing the calls to me). After finishing up my work, ready to exit the facility, is was Tiffany who walked in. We went ti do the Narcotic count, then she escorted me through the door. On Monday 9/16/16, I emailed a letter to the CEO of the CENTERS (Mr TIM) of the incident that took place. On 9/19/16, I received a call from (Ms. Jackie) the Chief personnel of Human Resource. Her call was ti find out directly what occurred on 9/16/16 verbally. I informed her exactly what have happen, her response was, Give her some time to do her investigation and she will get back to me. On 9/20/16, I received a call from Jackie, before she started speaking, she informed me that I was on speaker, and also informed me who was in the room with her. She then informed me that after careful investigation, my job is reinstated back to me. I accepted the job back, I started back to work on 9/24/16.
Now this is were I am e to seeking your advise whether or not if my situation needs legal action?
Since returning back to work, the working environment is never the same. I am working under constant scrutinity and pressure. The DON doesn't speak to me unless if I am seeking answers to a situation, If she has something to say to me, Her approach to me is "Hey", She gives me such bad look, I was told by Mr Jeff, to be careful because I am been monitored. I am not comfortable working in this environment anymore, At some point I feel I will be set up purposely to be fires. As an employee, I have a right to be working in an environment that is comfortable and also to receive the support and professionalism from my superiors. In this case, I believed I am been retaliated against for reporting my supervisors. I need your Professional expertise support in this case. Thank you.
Submitted: 1 year ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 13 minutes by:
10/20/2016
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,428
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question and I am sorry to read about your situation. Although I can certainly understand your discomfort, nothing in what you have described after returning to work is unlawful retaliation. In order for their to be some sort of unlawful retaliation you must be the victim of "severe and pervasive" harassment, or there must be an adverse employment action (such as a demotion, negative change in hours, reduction in pay, etc) taken in your case. Until those events occur, there is no legal recourse related to what you described.

That doesn't make it professional, but despite what you might expect in the workplace, there really is no right to a genial, professional, comfortable work environment. That is not what the law requires. It only requires that there be no violation of wage and hour laws and discrimination laws (which again require the types of actions I described.) "Severe and pervasive" harassment is much more extreme than what you described, which is admittedly not professional, but also not illegal.

You might reconsider whether or not you want to continue working for this employer and if not, start trying to find more acceptable employment elsewhere while you are still working so that you can make your transition when you are ready.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box, I will receive credit for assisting you today. Thank you

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 1 year ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 20th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

Ask Your Own Employment Law Question
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,428
20,428 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,480 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,428 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

11,887 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

3,773 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

< Previous | Next >

Related Employment Law Questions
How much of what happened - dates/retaliation should I list
How much of what happened - dates/retaliation should I list in the petition? The EEOC right to sue date 09-21-2017.... and do I have to look up the similar cases or is that later? (I've been having tr… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
Employment discrimination. Work from home in NJ, office in
Employment discrimination JA: Because laws vary from place to place, can you tell me what state this is in? Customer: Work from home in NJ, office in NYC JA: Is the employment agreement "at will," uni… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Is there a wrongful termination or discrimination case if an
Is there a wrongful termination or discrimination case if an employee gets laid off after taking a 2 week medical leave for surgery for breast cancer? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
After having filed an EEOC discrimination complaint at
After having filed an EEOC discrimination complaint at Texxxxxxxxx xxxxxxx xxxxxx - one of the retaliations that occurred was a witnessed verbal assault by the supervisor, during a "review" meeting of… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Need to discuss a discrimination issue. Looking for a
need to discuss a discrimination issue. Looking for a colorado lawyer that can protect my interest with a hospital in Pueblo Colorado … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
In a US District Court complaint are thier any retaliation
In a US District Court complaint are thier any retaliation laws or acts that could be used In a retaliation lawsuit against a state that would overcome a claim of state soveirgn immunity by that state… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
I am having retaliation issues from employer due to worker
I am having retaliation issues from employer due to worker comp. what can I do? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,998 satisfied customers
I believe I was fired in retaliation. I live in NY. At will;
yes. I do actually. I asked my employer about a raise and cited the receptionist was making more than me even though i was highly certified in my position. she told me that anyone who speaks of wages are grounds for immediate termination. she also made me sign paperwork stating that... although the NLRB protects that right.… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,972 satisfied customers
I believe I was dismissed from my job in retaliation for
Hello I believe I was dismissed from my job in retaliation for bringing forward non for disputing non payment of commission which is documented is as a commission event in the Commission Handbook. I h… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I believe I was wrongfully terminated in retaliation for
I believe I was wrongfully terminated in retaliation for raising questions about gender pay inequity and bias treatment towards me as a female, should I go to the EEOC or find my own attorney? … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,094 satisfied customers
Do I have a legal retaliation claim for being demoted after
Do I have a legal retaliation claim for being demoted after I refused to follow a supervisors unethical practice according to nys Dept of education code of conduct for social workers?… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers
In a wrongful termination in retaliation complaint, all I
In a wrongful termination in retaliation complaint, all I have to do is show facts that show all elements of wrongful termination, correct? Thanks.… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have questions about retaliation in the workplace and what
I have questions about retaliation in the workplace and what are the legal options someone is afforded? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
My question is in regards to a racial discrimination
Hi, My question is in regards ***** ***** racial discrimination complaint I filed with my employer. Am I required to provide them with evidence to support my claim or is it up to them to disprove my c… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I feel my employer retaliated against me for initiating a
I feel my employer retaliated against me for initiating a complaint about disability discrimination … read more
Dwayne B.
Dwayne B.
Juris Doctor
28,500 satisfied customers
Seeking retaliation and harrasment complaint i am being
Seeking retaliation and harrasment complaint i am being forced to resign because i was displaced via harvey and have been working remotely. I can not return to the office and others are able to work remotely for months im worried a forced resignation will also effect my unemployment … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have been harassed,discriminated and retaliated for years.
I have been harassed,discriminated and retaliated for years. I am a public school teacher 65 years old with an ADA letter of accommodations. My principal violates the ADA law, the union contract she h… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was terminated due to retaliation, although it was
I was terminated due to retaliation, although it was disguised as a reduction in force due to lack of funds. I am experiencing extreme stress, and I am taking anxiety medication and have sought therap… read more
Ray
Ray
Lawyer
Doctoral Degree
30,268 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x