If I am an at will employee, can my employer retaliate against my license for resigning?
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If I am an at will employee, can my employer retaliate against my license for resigning?
I am a home health nurse that was working for an at will employer. I resigned from the employer and my
supervisor told me that she will be reporting me to the nursing board for neglect of my patients she had scheduled me for this week. I had not scheduled with any of my patients or agreed to see them when I put in my resignation. I am scared I will lose my nursing license for neglecting patients I had never agreed to see. Is this neglect am I harming my patients by resigning from a company with other nurses that they can be re-scheduled too?
Asked on February 3, 2019 under Employment Labor Law, Arizona
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, your employer cannot legally retailate against you for resigning. Assuming that you have no employment contract or union agreement stating otherwise, there should be no negative consequnces for you upon leaving the company. The fact is that most work relationships are "at will" which means that an employer can dismiss an employee for any reason or no reason at all and an employee can leave the business for for any or no reason, with or without notice.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, the employer legally may not. Employment at will means employment at will for both sides--employee as well as employer. Just as the employer can terminate an at-will employee at any time, the employee can resign at any time and is not obligated to keep working for the employer. You did nothing wrong.
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