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wrongful termination? in ky Kentucky

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  • wrongful termination? in ky Kentucky

    I have been employed in a nursing home in ky for the past 13 1/2 years. I have always worked the hours of 6:00am til 2:30pm or 6:30am til 3:00pm. Recently I have been removed from my current position for no reason and placed in a position where I am to work 9am til 5:30pm. My past job performance evaluations show excellent work with no problems noted. I have been told I either work 9-5:30 or I will be terminated. I am the only person in this facility with set hours now with exception of the nurses and aides. All other departments set their own hours as I have done for the past 13+ years. My question is "Is this wrongful termination?"

  • #2
    Wrongful termination means that you have lost a job for a reason that is otherwise prohibited by law. You haven't lost your job, and there is no law that says that an employer can't change an employee's schedule. The only way this would be illegal would be if you were singled out for disparate treatment based on a protected characteristic (race, age, gender, national orgin, etc.).

    Maybe they now need your department to be staff during standard business hours.
    I am not able to respond to private messages. Thanks!


    • #3
      I am being singled out. I also feel this is due to the fact that I have filed 2 harrassment claims against my boss in the last year. The fact that they can remove me from a position in which my job performance evaluations show I have rave reviews and no problems noted for the simple reason being a family member needs a job is just not right.


      • #4
        Sigh. It really helps when people post all the relevant details.

        Yes, I know you feel that you were singled out, but were you singled out on the basis of a protected characteristic?

        If this in retaliation for filing charges of illegal harassment (not all adverse behavior that employees perceive as harassment is illegal harassment), then your recourse is to report the employer to the EEOC.
        I am not able to respond to private messages. Thanks!


        • #5
          If you believe you are being singled out/discriminated against only due to retaliation for filing illegal harassment claims against your boss, then file a complaint as suggested with the EEOC.
          Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.


          • #6
            It still isn't wrongful termination as that would at least require a termination. Changing your hours and firing you are not even close to the same things. It is questionable whether or not changing your hours would be construed as materially affecting your job, even if it was in retaliation for having reported harassment in the past. Not everything meets the level of illegal retaliation. Why do you think this is in retaliation for filing the complaints? What reason wre you given for the change?It takes much more than just having filed claims in the past to bring a claim for retaliation.
            I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


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