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I recently started a job as a nurse. In the two months I was…

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I recently started a job...
I recently started a job as a nurse. In the two months I was there the following occured
1) I was told that I support child molestation because I am a graduate of Penn State
2) I was called lazy on several occasion
3) I was called a dumb ass
4) I am a cancer survivor and co-workers that knew I was a cancer survivor said treating people with cancer is a waste of hospital time and money. They said I should have been allowed to die.
4) My preceptos asked my age (55) and said several times I should not be a nurse in the hospital
5) My preceptor said she was tired of me and I gave her a headache, she was done with me
6) My preceptor called me a liar and accused me of intentionally hurting a patient. When she accused me of intentionally harming a patient I felt I had not choice but quitting on the spot.
It was a hostile place, and because of the way I left I am certain I will not get a job in another hospital, We are a small town and the hospitals are owned by the same cooperation. Do I have any recourse?
Submitted: 4 months ago.Category: Employment Law
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Answered in 1 hour by:
11/30/2017
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,280
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
please review the question
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Great, thank you! Bear with me a moment while I review…

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Customer reply replied 4 months ago
I am unable to take a phone call at this time - can we do this tomorrow
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Oh, that’s not a problem with the phone call. The system automatically asks if you want one, but there is no problem declining the request. One moment while I review your situation.

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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience. I'm sorry to hear about your situation. Generally, legal recourse in this situation would be valid if you were harassed or discriminated against on the basis of your age, race, gender, sexual orientation or disability. There isn't much support for hostile work environments based on people being jerks in the workplace sadly. I wish that there was something else that I could explain in this situation; however, that's where it's limited. Your best bet may be when your preceptor said that you were too old to be a nurse.

If it's based on your age, then you may have a complaint under the Age Discrimination Act. The Equal Employment Opportunity Commission field office in your area will serve as the agency that would oversee the complaint, should you decide to file one. There are some basic processes that the EEOC files that I think you should be aware of, and I have listed them below:

The initial pre-complaint process can be found at 29 C.F.R. §1614.105. This is the process whereby you may bring this action to an Equal Employment Opportunity Counselor within 45 days. The Counselors must advise
individuals in writing of their rights and responsibilities, including the right to request a hearing after an investigation by the agency. The process may go through informal mediation wherein the employer and the employee try to come to a reasonable agreement. It’s voluntary and I highly recommend it in most cases.

Regardless, the EEO Counselor will issue a report based on their initial findings. Once the employee receives notice of the findings, they have 15 days to file a formal complaint.

The formal complaint process can be found at 29 C.F.R. §1614.106-108. Basically, the EEO will conduct a full investigation and come up with a Report of Investigation. The employee has the right to request an administrative hearing with an administrative judge after receiving the ROI or they may sue in a federal district court. Mediation is always still on the table. If the parties cannot mediate, then the parties will go through the administrative process or a federal civil proceedings and then the judge will issue a “Final Agency Decision” (for administrative hearings) or a ruling (for civil actions) If the employee doesn’t like the decision, then they can always appeal. A quick Google search will reveal your local EEO office so check that out.

What other questions did you have for me?

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Customer reply replied 4 months ago
Quick Question - this girl who said I shouldn’t have lived was a bully and there are no laws to protect people from that?
Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
Unfortunately, there's generally no prohibition against workplace bullying unless it is bullying based on your age, race, gender, disability, Etc.
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Employment Lawyer: Legal Eagle, Lawyer replied 4 months ago
I may need to sign off for the night now that it is 10 Pacific. Did you have any other questions for me tonight? If you do, go ahead and respond and I can pick up the question in the morning. Thank you.
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