I was laid off and not offered another position. Are they legally required to offer me another job?
Wednesday May 27, 2009
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I was laid off from my position as ADON and was not offered another position. Legally are they required to offer me another position?
Ruth Ellen
Unless one is a contractual employee (i.e., one’s position is governed by an employment contract), there is no obligation for an employer to offer an employee another position. A laid-off employee might be eligible for another position or positions in the facility for which an application can be completed. However, when one is an at-will employee, there is no obligation to continue to employ that person.
If you do not find another position, either in the current facility in which you work or in another healthcare facility, you can apply for unemployment compensation in your state. The purpose of unemployment compensation is to help the unemployed worker financially until he or she can find another position. Generally, there are only a few reasons why a former employee would be denied unemployment insurance by the state agency that administers the unemployment fund. They include misconduct by the employee and if the employee leaves a position “without good cause” attributable to the employer (in other words, he or she voluntarily leaves a position).
As an example, in Skinner v. Nathan Littauer Hospital (New York Appelate Division) decided in 2006, an LPN who was frequently absent from work was offered a transfer to the night shift rather than the employer terminating her. The LPN refused to accept the transfer because the employer told her she would not be allowed to return to the day shift. Skinner then applied for unemployment compensation benefits. She was denied benefits by the Unemployment Compensation Board of Appeals.
Skinner then appealed that decision to the New York Supreme Court, Appellate Division, and the court affirmed the denial. The court opined that Skinner voluntarily left her employment without good cause and, therefore, was not qualified for unemployment benefits. (Reported in Nursing Law’s Regan Report - 47 NLRR 5 - October 2006).
If you need further guidance in this situation, consult a nurse attorney or attorney in your state who works with former employees in the area of unemployment. He or she can outline the additional issues involved in filing for unemployment compensation and if any of them apply to your situation.
Cordially,
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.
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