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Constructive Discharge?

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Mskay56

Junior Member
What is the name of your state (only U.S. law)? Georgia

I am a nurse, I was hired to work at a small jail in March 2010. One month into the job, I became ill and was out on medical for 6 weeks, the LPN that worked in my place while I was out sick obviously was a very close friend of the jail administration and upon my return to work, I learned that she had let a lot of things get behind at the jail. I did not report this to the company, it was reported by the manager at the jail where the LPN was assigned as a fulltime Nurse. I was called by Corporate to collaborate the report. The nurse was basically placed in the same position that I am now currently in,(not terminated, but no work) The Jail Administration was hostile towards me because they believed I was responsible for their friend not being able to work at the jail anymore, so they were not inclined to work with me, My company was aware of this. Anyway, to summarize, the Jail asked the company to remove me because" it was just not working" The company stated on the first day that they had no choice but to remove me because the jail administration was their client and it was their jail. I understand that part, but what I don't understand is how can my company not provide me work/or pay as a fulltime employee. I have a right to earn a living and the only contract I signed was the job offer letter. I need to know if I have a good case for a constructive discharge because the company had made it intolerable for me to work for them( they only have a open position 3 hours away now ) I am not being paid anything, the position I was in was a 57000.00/yr position.when they moved me out of it, they told me I could work in an hourly position( 2 hrs away from my home)making way less, then they said the position was not available once I said I would take it. They hired me to work, moved me for non performance reason and have no place for me to work now. What can I do?What is the name of your state (only U.S. law)?
 


janimal

Member
While your situation is unfortunate, it does not appear that your employer has violated the law with your termination.
Sometimes, it just doesn't work out. Absent a contract, your employer is under no further obligation to keep you as an employee. They are not required to offer you another position.

File for unemployment, which you will likely be granted. And look for another job. Good luck.
 

jumac

Member
form the sounds of it you work for a staffing company who take contracts to provde nurse and other medical staff to their clients. As such if the place you been sent to dosn't like you for any reason, then your employer(the staffing company)replaces you and give you the chose of anyother place they have an opening for. Some times different contracts have different pay rates(been there done that for temp jobs before). Now weather or not you take the other opens are your call.
 

Hot Topic

Senior Member
Unfortunately, if something happens that causes the client to tell an employment agency that they want to replace the person the agency sent, the agency will probably not give that person any more assignments. The client comes first because they pay the bills. With the economy as bad as it is, the agency can easily afford to do that because they have so many people signed up who are looking for work.

Your assertion that the jail management was upset with you because of what happened to "their friend" comes off as sour grapes. I think you'd have a hard time proving it in court if you were of a mind to sue, a suit you wouldn't win.
 
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