I was let go based on a right-to-work clause. Do I have any recourse?
Friday November 6, 2009
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I recently was let go from a job I loved at an assisted living center after four months. The reasoning behind letting me go was based on the right-to-work clause in Oklahoma law, which allows an employer, in this case the building administrator, to fire or "voluntarily resign" me for no cause — or with cause at will — without any kind of recourse. My direct nursing supervisor was not consulted and was happy with my work. Is there no recourse? Can you explain this law?
Karen
I consulted human resource expert Fred J. DiCostanzo, RN, MA, executive vice president of human resources at Gannett Healthcare Group, on this matter. Here's what he had to say: "The writer is referring to the doctrine of employment-at-will, which gives the employer the right to hire, fire, or promote whomever they wish. In the absence of a contract, both the employer and the worker have a right to terminate the employment relationship at any time, for any reason, or for no reason at all.
"Employment-at-will does not permit an employer to discharge an employee for reasons that are illegal, improper, or inconsistent with organizational policy. This nurse should contact the Equal Employment Opportunity Commission or seek legal advice if she believes she has been a victim of wrongful discharge."
You can find your local (EEOC) in the blue (government) pages of your phone book. If you need an attorney, I recommend that you use a nurse attorney. To find a nurse attorney, ask around for a referral, check with the American Association of Nurse Attorneys (www.taana.org), or contact your state chapter of ANA (www.ana.org), whether or not you are a member.
My best wishes,
Donna
Donna Cardillo, RN, MA, well-known career guru, is Nursing Spectrum/NurseWeek’s “Dear Donna” and author of “Your First Year as a Nurse: Making the Transition from Total Novice to Successful Professional” and “The ULTIMATE Career Guide for Nurses: Practical Advice for Thriving at Every Stage of Your Career.” Information about the books is available at www.Nurse.com/CE/7010 and www.Nurse.com/CE/7250, respectively. To ask Donna your question, go to www.Nurse.com/asktheexperts/deardonna. Find a “Dear Donna” seminar near you: Call 800-866-0919 or visit http://events.nursingspectrum.com/Seminar.
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