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  1. #1

    Default Wrongful Termination - What to Do

    My question involves labor and employment law for the state of: Florida

    Almost two weeks ago I was terminated by my boss for "excessive absenteeism." I'm an RN and was employed by a very large hospital for the last 6 years. My boss and I didn't really get along and there were a few incidences two weeks prior to the termination where we had gotten in to a disagreement. First one was regarding scheduling issues and the second one was regarding a leave of absence I was planning on taking in Feb for my wedding and honeymoon

    I will admit up front that over the course of my employment that I have had issues with my attendance. Nothing crazy but I have been disciplined for it. I am a single mom and have had to occasionally take a day off to care for my daughter, etc.
    I was last disciplined for attendance issues in Sept of last year after I had been sick a few weeks on and off with the flu. The hospital's attendance policy is pretty strict. They use a rolling calendar and if you are absent/sick 9 times in a year, it can lead to termination. The HR policy states that the 9 or more could lead to termination if the disciplinary process has been followed. The policy is a verbal/written then suspension and then termination. My boss called a meeting with my and she fired me the spot for excessive absenteeism, apparently I had just reached the 9th call in. I was completely blindsided and while I was expecting some form of disciplinary action, was not expecting to be fired.

    After I was terminated, I immediately called HR and escalated it up the the director of the HR for my department. I spoke with the director at length and my concerns were that I had not been disciplined in over a year for attendance and I knew that the hospital's policy was not followed. I truly feel that I was fired due to personal reasons with my boss and attendance was used. I know there are RN's who have abused the policy and still have their jobs. I finally got a call back from the director I have been dealing with and they are willing to GIVE me my job back. I asked the director if my boss followed proper Policy and she said NO. They of course want me to go back to the same floor under the same management team. While I am grateful for the opportunity to have a job, I do not want to go back to a hostile work environment. I told her that I was going to speak with my managers supervisor and discuss my option with her.

    I am really upset and very very angry over this. Obviously if they are willing to give me my job back then they realize they did something wrong! Does that absolve them of any wrong doing and do I have a case for wrongful termination??

    Thanks for reading and for any responses

    -M

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
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    35,894

    Default Re: Wrongful Termination What to Do

    This does not constitute a wrongful termination at all.

    You're lucky you were offered your job back.

  3. #3
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Wrongful Termination What to Do

    Concur with Doggie. Your termination was not illegal, you've no case.

    You admit that you've got an attendance problem. It seems the only thing that saved your job was the fact that protocol was not followed. You'd do well to keep your head down, keep your attendance up, and if you're completely unable to get along with your supervisor, look for a new job.

  4. #4

    Default Re: Wrongful Termination What to Do

    It seems to be an often discussed dynamic that it's easier to find a job when you HAVE a job - so you may consider taking it back, and doing everything you can to get to work and stay off the radar until you secure a new position.

  5. #5
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Wrongful Termination What to Do

    I would just tell them to jump in a lake. You deserve better. After all, you only missed 9 days in a year. What do they expect; you to work every single day you are scheduled or something? What's this world coming to when an employer actually expects you to work when the employee is scheduled. I think you should not go back. That would really teach them a lesson. Then you won't have to worry anymore about ever missing a day there again.


    Obviously that is sarcastic.

    Get a grip on yourself. They offered you your job back. You got real lucky. Sounds like you need to work on your attitude and attendance. I doubt you will be given another break like this one.

  6. #6

    Default Re: Wrongful Termination What to Do

    Quote Quoting jk
    View Post
    I would just tell them to jump in a lake. You deserve better. After all, you only missed 9 days in a year. What do they expect; you to work every single day you are scheduled or something? What's this world coming to when an employer actually expects you to work when the employee is scheduled. I think you should not go back. That would really teach them a lesson. Then you won't have to worry anymore about ever missing a day there again.


    Obviously that is sarcastic.

    Get a grip on yourself. They offered you your job back. You got real lucky. Sounds like you need to work on your attitude and attendance. I doubt you will be given another break like this one.
    As I posted in my original message, I take full responsibility for my attendance issue. I was expecting to be disciplined. Things happen. I'm not trying to make excuses.

    Normally management is required to consult someone in HR prior to terminating an employee. My boss did not. If she had I would not have been terminated at all. That's my issue.

    My attitude is really not lacking. I have a really good relationship with my fellow coworkers, some of which I am friends with outside of work. My performance reviews are always positive.

    Yes I should be happy that they offered to give me my job back. I'm a little worried about some form of retaliation on her part though.

    Thanks for the responses

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