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Does an RN who rescinds her resignation after a work-related injury have any recourse if the facility continues with the original resignation request?

Question:

Dear Nancy,

I had emailed my two-week notice to my manager, and he requested I send him a formal letter of resignation. The week before my resignation, I rescinded the resignation as I was hurt on the job. After two weeks of being on restricted/modified duty, I got a call from my manager informing me that HR told him I was no longer an employee and my position was no longer available.

I believed because I rescinded my resignation, I still had a job as my manager told me. Since I was on restricted duty, I could not be on the duty roster. I saw my name on the roster, but no date scheduled as I was still on modified duty. I have emails from my manager regarding the days I was supposed to report for restricted duty.

Audrey

Dear Nancy replies:

Dear Audrey,

The situation you describe in your question is confusing. It sounds as though you are getting mixed messages from your employer and its employees. It would be difficult at best to try and sort this out without having more details about your injury, your letter of resignation and so forth. So, your best bet is to contact a nurse attorney or other attorney who works with employees and who can sort out the situation once more details are available and he or she can apply those details to applicable
state law(s).

One thing to consider is whether or not the injury after your notice of resignation, and then rescinding the resignation, calls into play the state’s workers compensation law. Eventually, you were told you did not have a job even after being treated by the physician and being on light duty. The employer’s obligations under this type of situation is something the attorney can advise you about as well.

It would be good if you have copies of your resignation letter and the emails. Also, if you can get a copy of the work schedule you refer to, that would be helpful, too.

Have you seen any advertisements posted for your former position? If so, make a copy of those to take to the attorney as well. Have they changed the job requirements? Have the hours changed?

Sorting out the employer’s obligations and your rights, if any, is essential in order to obtain a clear answer to your questions.

Sincerely,
Nancy

By | 2014-05-07T00:00:00-04:00 May 7th, 2014|Categories: Blogs, Nursing careers and jobs|0 Comments

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