Legal Question in Employment Law in New York
position of medial secretary being eliminated ?????
on June 25, 2004 i was told by the facility director,and my supervisor that my position as a medical secretary was being eliminated due to restrctuing. i received a memo from the facility director on July 14, 2004 letting my know that my last day will be on July 30, 2004,but in a meeting on that same day an announcement was made in the weekly meeting by the program coordinator, that a position was open for part-time medical secretary; also before i was told that my position as a medical secretary was being eliminated i applied for an opeing that they had for clinical secretary which i was qulified for (i been on the job for almost 3 year), but the job was given to someone else who did not have the experience working in a treatment center (tc)this was her first job out of college i have tried to get jobs that were open at the facility but was told i did not qulify i am hoping that you can help me thank you
2 Answers from Attorneys
Re: position of medial secretary being eliminated ?????
I would be happy to talk to you but I would need more information, if you would like you can call for a consultation.
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Re: position of medial secretary being eliminated ?????
Thank you for your inquiry. This response is for informational purposes only and should not be construed as legal advice.
You have been a medical secretary for three years and have been notified that your job will be eliminated as the result of a restructuring on July 30. In the meantime, a pt med. secretary's position is available. Also available is a clinical secretary's position for which you have been told that you are not qualified.
First, if your facility is unionized, the rules governing layoffs will be in the collective barginaing agreement and should be reviewed with your union representative. You may then be able to file a grievance under the agreement and pursue the matter through to arbitration.
If not, consult your employee handbook and/or similar policies and procedures. What do they say about restructuring? What do they say about accepting part-time work in your job classification if nothing is available for you on a full-time basis? Next, what about "bidding" into other job classifications such as the clinical secretary's position?
If no such policies and procedures exist, you must determine why the facility is taking the position that you are not qualified for the pt med. secretary's position, and why you are not qualified for the clinical secretary's position. Are the qualifications truly different, or are they similar? How so? What about your evaluations - good, bad, or indifferent?
Ask for a meeting with your boss/supervisor and get answers to these questions - you may not agree, but you are entitled to an explanation. As far as process is concerned, is there an internal dispute resolution procedure that you can invoke by filing a complaint? If so, consider using it if the answers you receive or unsatisfactory.
Also, if you are in a protected category and believe that the decisions are being made for other than legitimate business reasons, you may file a charge with either the EEOC or the NY State Human Rights Commission.
Lastly, if you believe it necessary, you may pursue the services of a plaintiff's employment attorney who will review your case in greater detail.
I hope that this has been of some help. Thank you again.
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