Legal Question in Legal Ethics in New York
hospital merger
I have worked at the same hospital for 27 years. Due to a merger with a larger hospital, I have been told that I will no longer be needed as a supervisor of the lab, but a staff position has been offered at a lower rate of pay. If i do not accept this offer, severence pay will not be applicable. I can not afford this position, but I cannot afford to not work. Is there any legal recourse. Thank you
1 Answer from Attorneys
Re: hospital merger
The answer depends on whether you are under contract or have a collective bargaining agreement with the hospital. If under contract, the terms of the contract must be enforced, and you would have to look at the specific language in the document. If under a collective bargaining agreement, I would speak with the Union.
If you are an at-will employee, the hospital can terminate your position - as long as termination is not based on sex, age, color, national origin, etc. However, if severence pay was promised during employment, you may have an argument that pay was already "earned" and cannot be withdrawn. I would need to conduct research to fully explore this issue. Of course, you may contact the New York State Labor Department for further information.
Mike.
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