Can an employer suspened an employee without a prior write-up?
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Can an employer suspened an employee without a prior write-up?
I am a nurse and have worked for the same company and have never had a write-up or suspension. Recently, we had our annual survey and we did poorly. We had a resident who was admitted with a questionable stage 3 wound. The admitting nurse failed to write an order for the wound. The 2 days later, as the wound care nurse, I wrote an order for the wound. We received a tag on wound care. They suspended me without pay with no written warning. I have been on suspension since the 11th of this month. Is what they did right? The other nurses who are responsible for the admission are still working. Do I have a case? I have 210 hours PTO hours at risk. Also, the wound turned out to be unstageable and the resident has been discharged.
Asked on August 20, 2017 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Does your suspension violate the terms of a written employment contract or union agreement? Does it constitute some form of legally actionable discrimination (and from the facts given it does not appear to)? If not, then you are an "at will" worker. This means that your employer can set the condtions of the workplace much as it sees fit. This means that you can be suspended (or otherwise disciplined up to and including termination) for any reason or no reason at all, with or without notice.
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