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Layoff & callback

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Steve V

Guest
Hi,
My wife & her co-worker were laid off in June. She was a Nurse in a Department of a Hospital. There were 10 Nurses in the Dept., but when talk of a layoff was going around & that it would hit all Departments by seniority. The Hospital made a position for the #10 Nurse & the #9 in seniority transferred to another Department in the Hospital since she would be first to be let go. That left my wife #8 & her partner #7 in seniority & the two positions that were cut. They were told that if those two positions came up they would be the first to be called back & if they were called back before September they would retain all their Hospital seniority & get back their lost sick time. Not soon after the layoff the Hospital hired a consulting firm to go over the Department and see if they needed more Nurses. My wife's old boss told us this when we met her in town. Someone called my wife and told her they were posting her old job & it would also be in the paper,it was the only change to the job was it required a BSN, which my wife & her co-worker have. Now the Nurse that the Hospital made a position for (#10) already interviewed for the job, only problem she doesn't have a BSN. And the other Nurse submitted her resignation to the Hospital (#9) she didn't like her new position, but took it back & also interviewed for the job. Now my question is can we do anything about this? What if the consultant came back with their decision before September but so the Hospital didn't have to give my wife & co-worker their lost sick time, and give them their Hospital seniority they held off on posting the job so they could hire someone at a lesser rate? Is there any way to find out when the consultant came back with their findings? Any help would be greatly appreciated. We live in New Jersey & the Hospital didn't have a union at the time, but they do now.
Thank you in advance for your help.
Steve

[This message has been edited by Steve V (edited January 24, 2000).]

[This message has been edited by Steve V (edited January 25, 2000).]
 


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Attorney_Replogle

Guest
For the sake of this posting I will assume that for the most part, New Jersey's laws are similar to California's. That is the state in which I practice. Per your posting, I do not see any employment law violation. An employer has a right to make reductions in force (RIFs) and to hire back any people they wish to after the RIF. From what you wrote, your wife did not have a written contract of employment that would control the situation. Nor was she a union employee. So assuming that your state has an at-will policy like California does, I am sorry to say that in my opinion, the employer lawfully terminated your wife and the other nurse. Furthermore, I don't see that you have any legal right to know the contents of the outside contractor's report to the former employer. For more information or to get a second opinion, please contact a labor law attorney near you at attorneypages.com.

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Mark B. Replogle
 
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Steve V

Guest
Thank you for your reply.
Is there somewhere I could find out more about this at will policy?
Once again thanks for your help.
Steve
 
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Attorney_Replogle

Guest
Go to the web site I mentioned and find a labor law attorney near you. Ask them.

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Mark B. Replogle
 

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