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I am a nurse supervisor at OSF hospital. I along with other…

I am a nurse...

I am a nurse supervisor at OSF hospital. I along with other nurse supervisors filed a complaint about not getting a break for lunches. We carry beeper and 12 hours we might get lunch might not but never give up beeper. After going to chain commmand and 5 months we finally came to agreement that we would start getting paid for our lunches with 2 years back pay, this was because I was going to file a FLSA complaint. Now I have been denied 2 full time jobs , this just occurred after this dispute. My boss has stayed I get under her skin, and Hr stayed I’m not a good candidate. So my boss chose a supervisor with less than one year experimce and no BSN. I have 5 years and in October I will have my BSN which is a requirement now. I have contacted the hospital integrity officer, I feel good case. Do I?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

I just sent it to my CEO and the integrity and head of HR.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My boss stated it was on hospital seniority , but the other job I applied for I had more seniority and a person got that job also. My record is Prestine. Never in trouble eval 98% for 5 years The lunch issue cost them roughly 70,000 total

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Customer reply replied 1 month ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
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Customer reply replied 1 month ago
This is an email I sent
Answered in 14 minutes by:
3/18/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,888
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

It is illegal to retaliate against an employee because that employee enforced or attempted to enforce their rights under the labor code. Seeking back pay for on-call time would be an attempt to enforce rights under the labor code, which means that if you can show your employer has denied you employment opportunities because of this, you would have a claim. Showing that you "would have" been hired for a particular position can be very difficult because employers as a general matter have vast discretion when it comes to making hiring decisions. However, the circumstantial evidence here certainly does suggest retaliation, given your excellent record and given the extremely limited experience of the person whom your boss hired over you. Ultimately, it comes down to what you believe you can convince a jury of--if you believe you can convince a jury it is "more likely than not" that BUT FOR the wage complaint you made you would have been hired for this position, then you would have a case to pursue. I would certainly consider retaining a local attorney to explore the possibility of a legal claim further.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

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Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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Customer reply replied 1 month ago
Thank you. I am waiting for the CEO and their response. I will most likely pursue, due to 2 times I have been denied. Thank you

I'm very glad I could help point you in the right direct here.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

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Customer reply replied 1 month ago
Thank you. Is there anything else

I can't think of anything else to add, but if you need further clarification on something just let me know. Otherwise, if you would rate so that I may receive credit I would really appreciate it.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,888
Experience: Significant experience in all areas of employment law.
Verified
Patrick, Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
How do I rate you, this is like medicine press ganney! Sorry! Kinda funny.

Ah, looks like you just got it. Thank you, ***** ***** wishes to you! Have a pleasant rest of your weekend.

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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).

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