Wrongful termination?

Specialties NP

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Specializes in Family Practice, Primary Care.

So, I have a question for everybody.

I am leaving my current job to take a new job in 3 weeks. I gave nearly a 2 month notice at my current job to give them time to find a new NP to replace me and for me to train them.

Census has been less acute at the facility I work with, so I've been seeing 6-12 patients a day depending on the needs of the facility. Yesterday, there was an issue with a patient that myself, an MD, and the respiratory therapist all thought a patient needed to be sent to the ER for (pulmonary edema and pleural effusions after dialysis that day with O2 in the 80s on room air, then compensated with 2L O2, then decompensated back to 80% and needed to be bumped up). I told the nurse to send the patient to the ER and the DON said no, call the doctor instead. Doc spoke to the nurse and then to me and agreed that patient needed to be in the ER. Patient still did not get sent out.

I called out of work today due to being sick, and got an email from the president of my company stating that I was no longer needed at this facility since they did not like how I was sending a "stable patient" out to the ER, so effectively I am now without a job for 3 weeks. I asked them explicitly last week if they even wanted me to work out my notice or just have the other NP in the facility cover it since my patient load was so low and they assured me I was golden until my last day (I had an offer to pick up lots of OT at my PRN job which has since evaporated).

Now, here's the kicker. I got CC'd on an email not meant for me basically saying I was cut because my RVUs were low and they used this as an excuse to not have to pay me until I left because I wasn't "making them money." I feel like I should perhaps be consulting a lawyer because this sounds like wrongful termination to me, and I feel like this company and the facility do SO MANY unethical, perhaps even illegal things (The DON was drinking alcohol at the facility "after hours" at 8PM but still in the building...isn't that wrong?) that I feel like I shouldn't hold back. What do you guys think?

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That sounds terrible! Just wondering what are you hoping to get out of hiring a lawyer? Seriously not trying to be rude just straight up curious. Did you contact them when they cc'd you on that email?

If it was my I would want my pay for 3 weeks, but maybe they would have to pay a fine too??

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I would have this discussion with an attorney. And/or file for unemployment.

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Specializes in Maternal - Child Health.

I'm sorry for your situation, and it does sound like your employer is intent on limiting costs, but that does not amount to wrongful termination.

By stating your intent to leave your employer, you terminated your own employment. They were not, and still are not obligated to allow you to work out your notice. Once notice is given, employment essentially becomes day to day at will, unless your written contract, employer policy or job description state otherwise.

When you announced your resignation, you relieved your employer of any obligation to pay unemployment.

Best of luck in your new job.

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Specializes in Family Practice, Primary Care.

Even if they promised me they would keep me until the very end of my notice? Had they told me last week when I asked them if they wanted me to be done early and they said yes, I would have gladly done so and gotten overtime at my other job until I moved.

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While I could probably accurately guess what an attorney would tell you, you should see one on your own to get proper advice. At this point, I don't think it is really worth effort since you have a new job to go to. File for unemployment and provide a copy of the email if it makes your case. Good luck on the new position.

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Specializes in Maternal - Child Health.
Even if they promised me they would keep me until the very end of my notice? Had they told me last week when I asked them if they wanted me to be done early and they said yes, I would have gladly done so and gotten overtime at my other job until I moved.

I don't think that most people understand the purpose of unemployment compensation. It is intended to minimize income loss for a person who loses his/her job through no fault of his own. For example, a hospital loses a contract to provide services to a group of patients. Without that business, the hospital is overstaffed and must cut back on staff. Staff members who were in good standing and lost their jobs would be eligible for unemployment compensation for a period of time while they actively pursue new employment. Someone who voluntarily resigned his position during that same time would not be eligible.

State Unemployment Insurance Benefits, Employment & Training Administration (ETA) - U.S. Department of Labor

By submitting your resignation, you terminated your employment agreement. Your employer didn't terminate you. Giving notice is usually an expectation in order for an employee to receive unused benefits and leave in good standing. By offering to work for several weeks, you most likely met that expectation, but it is up to the employer whether or not they choose to accept your services during that time. It is not at all uncommon for an employer to decline all or part of a worker's notice.

I understand that you are now without employment for 3 weeks, but that does not constitute termination nor does it make you eligible for unemployment compensation, which typically has a waiting period of 2-4 weeks.

You are free to file for it, of course. But I highly doubt that your claim will be successful. Your time would probably be better spent trying to pick up shifts at your other job.

Again, I wish you well.

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I understand that you are now without employment for 3 weeks, but that does not constitute termination nor does it make you eligible for unemployment compensation, which typically has a waiting period of 2-4 weeks.

Not to mention that average unemployment for a worker making $100K is around $300 a week. For 2-4 weeks it's not even worth your time to fill out the paperwork.

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Specializes in Family Practice, Primary Care.

Thanks everyone for your advice. I think the problem actually sorted itself out and I think I'll actually be good for the next 3 weeks (yay per diem job) and I got good news from my job today regarding this so I think I'll be all set. Thanks!

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Glad things worked out for you.

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Specializes in Leadership, Psych, HomeCare, Amb. Care.
Not to mention that average unemployment for a worker making $100K is around $300 a week. For 2-4 weeks it's not even worth your time to fill out the paperwork.

in Illinois the max is ~ $450 per week, and requires about an hour to apply online (no payment for 1st week of unemployment.

still worth it for most people to apply, even if it's only short term

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I'm sorry, but the comments re: you not being eligible for unemployment are actually not 100% correct. Putting in a resignation notice is a courtesy to your employer- it's not a binding contract. You as the employee have stipulated that you are leaving them voluntarily on a given date. If your employer 'lets you go' earlier, before your resignation date you do in fact have a valid unemployment case in some states.

Here's one example of this

From that page:

In one case the Unemployment Appeals Board held that the fact that a person may set a date for resigning from employment is not the controlling factor. The most pertinent consideration is whether the employee could have remained working for an employer on the actual date they left." If they could have continued working, were willing and able to do so, but the employer was not willing them to do so, then they consider it as an involuntary discharge. Thus, if this would happen to you, then you would be eligible for unemployment benefits.

I know this for a fact because something similar happened to me. I found out that I was accepted to nursing school a few years ago in December, and my program started in May. I told my supervisor about my acceptance the first week of February, and told her that I would be leaving in April- I gave two months notice as well just to be nice since my job would require a pretty lengthy training for my replacement. About two weeks after I told them I found out that my company was closing at the end of the month- 4 weeks before the date that I had told them I was leaving. When it closed I was out of work- I filed an unemployment claim, and my employer challenged my claim stating that I had put in my resignation to go back to school. The state simply asked me what date I had told them I was leaving, and because they laid me off before that date my claim was automatically approved. My employer had no case at all, because I was able and ready to continue work when I was laid off. I'm in NY, and I assume that it can vary by state though, so I don't know that it's the same in your state.

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