Legal Question in Employment Law in Tennessee
Promised a full-time job by employer, employer renigged!
I am a nurse working in a part-time capacity for a home health agency. I was called by the director of nursing over a month ago and offered a full-time position with the company. Since I was already working full-time with another company, I advised the DON that I would have to give a month resignation notice before I could begin working full-time for the home health agency. That was agreeable. I had one week left in my notice to work when I was informed that the DON that hired me had been terminated and a meeting was called between me, the Administrator of the Home Health Agency and another employee of the agency. I was told at that time that I still had a full-time position with the agency and would start the following Monday. Two days later, I received a phone call from the newly appointed DON that I would not be needed to come in on that Monday. When asked ''Why?'' He just said, ''Some changes are being made.'' I have attempted multiple times to contact the Administrator and the President of the Home Health Agency and neither have returned my calls. I learned today that another nurse with less sinority than me and less experience was offered the job and accepted.
1 Answer from Attorneys
Re: Promised a full-time job by employer, employer renigged!
You have several options:
1. You may have an action for breach of contract. In Tennessee this will be the hardest because Tennessee is an employment at will state. Contracts are hard to prove and enforce, however the facts of your situation are compelling in your favor.
2. Fraudlent inducement, either negligent or intentional. The DON made a statement to you which he knew to be false or should have known was false.
3. Age discrimination. IF you are over 40 and the nurse they hired is significantly younger than you, you may have an age discrimination case.
I would love to discuss this further with you. Please feel free to contact me at 1.800.403.7868 or at [email protected].
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