getting fired and then collecting your retirement

Nurses General Nursing

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Specializes in Infusion Nursing, Home Health Infusion.

A friend of mine at retirement age is worried she could be fired. She want to work two more years. This is in a California hospital in which she has worked for 34 years. Will she lose her employee match on the 403b,her PTO or can they refuse to pay her monthly retirement check. She has worked about 96- 110 hours per pay period in the last 5 years to get that retirement benefit up to the max. Personally,I think it is a witch hunt as the complaints they have about her are so vague....communication problems such as she is to blunt.....NEVER problems with patient care or clinical issues. Does anybody have any ideas on this or good site to check out....we would appreciate any help....TX

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sometimes a worker is at the top of their pay grade and they are more expensive for a dept than a newbie at the lowest rung

a person should be allowed to work, they may be still paying for a house or car or they may have taken a bath in the market..should be their choice

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does she have a union she could turn to?

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if no union, i would suggest an employment lawyer.....

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Specializes in ICU/Critical Care.

They can't take her retirement i.e. 403b or her pension but there is a chance that she could lose her PTO.

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Specializes in ICU,IV Team, Endoscopy, CM, LTC, Homecar.

I would also suggest she get copies of all her evaluations, and it sounds bad-but keep a tape recorder with her

at all times. I would seek advice from an attorney that deals with this sort of thing. It's awful that you give all those years to them, and would even think about ruining your last yrs with them. But it is true; every man for himself, and it happens in all areas, my husband works in law enforcement. A Deputy worked about 28yrs, was

forced out for the same type of complts (from the younger guys who wanted his position) and it was supported by administration. And then about 8 months after he was gone, they offer to have a retirement party for him:(

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Specializes in Med Surg, Tele, PH, CM.

I agree with Chatsdale, she is a prime target because of her pay and overtime. Any time a unit has to cut costs, they always look for the biggest expenses, like your friend. She will not lose her retirement as long as she is vested, which I'm sure she is after 34 years. She may lose her PTO, depends on her employment contract. Might be worth retiring instead of being fired if her PTO is worth a lot of money, but most employers will pay PTO if you are fired. Don't know if California is a "right to work" state, if not, she may be forced out.

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Specializes in Family Nurse Practitioner.

What a darn shame but even without knowing all the particulars imo its far better to beat them to the punch and leave before you are fired when you see the writing on the wall.

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Specializes in Critical Care; Skin Management.

Good idea about the tape recorder, but you need to inform them that the conversation is being recorded. You also have the right to have a second person present at any evaluations or disciplinary meetings. They can't refuse your request....it's federal law.

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Specializes in Family Nurse Practitioner.
Good idea about the tape recorder, but you need to inform them that the conversation is being recorded. You also have the right to have a second person present at any evaluations or disciplinary meetings. They can't refuse your request....it's federal law.

I'd be sure you are painting a target on your butt by doing this and while I get what you are saying, Who the heck wants to work under these conditions?

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Specializes in Correctional, QA, Geriatrics.
I agree with Chatsdale, she is a prime target because of her pay and overtime. Any time a unit has to cut costs, they always look for the biggest expenses, like your friend. She will not lose her retirement as long as she is vested, which I'm sure she is after 34 years. She may lose her PTO, depends on her employment contract. Might be worth retiring instead of being fired if her PTO is worth a lot of money, but most employers will pay PTO if you are fired. Don't know if California is a "right to work" state, if not, she may be forced out.

Regarding being paid for PTO if you are fired......well not necessarily. I have seen employees terminated and not be paid for their PTO. It is all depends on the cause given for termination. If your friend has the option of cashing in some or all of her PTO she might want to consider doing that or taking as much of the PTO as she can before she retires.

Personally I would prefer to leave on my terms and without any negative baggage involved. If it was me I would cash in as much time as I could, take any PTO I couldn't cash in and check on what steps are needed in order to retire and then retire before management had a chance to terminate me.

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I was terminated and was told i could not have my pto yet the company is firing people left and right and allowing them to get thier pto. i am currently gathering info for my attorney. they can find whatever reason to terminate you if its a right to work state. you have the right to quit for no reason also. i would cash in all my pto, i have lost 270 hours i am fighting for, and go work somewhere else. she will be entitled to all her retirement and the matches they matched as they cant take that away

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