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I was let go and told it was because I was not a good fit for the unit. I feel there is a form of discrimination here. What can I do?

Wednesday May 22, 2013
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Question:

Dear Nancy,

I was let go from my position and I was told it was because I was not a good fit for the unit. The acting manager said I would be eligible for rehire, but I have been rejected for every position I’ve applied for at that hospital. I requested an opportunity to view a copy of my personnel record. Human resources said it was against their policy to let former employees view their files. I feel there is a form of discrimination here. Explaining my situation on job interviews has been a challenge.

Frank



Nancy Brent replies:

Dear Frank,

Although you did not mention what your basis was for thinking that the termination was discriminatory, if you do believe this is the case, your best bet is to consult with a nurse attorney or attorney who concentrates his or her practice in employment law and who represents employees. You will need to be specific about what discrimination you think took place — so details, facts and how other employees were treated in your situation would be important information for the attorney in order to analyze the termination circumstances.

You can file a claim with the Equal Employment Opportunity Commission on your own, but you will need specifics to file this claim. The EEOC evaluates claims based on discrimination due to gender, religion, race, creed, national origin, age (40 and over), disability and genetic information. You can review information about the EEOC at www.eeoc.gov. The website also provides information on EEOC local offices.

Sincerely,
Nancy




Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.