emotionally wiped out!

I am a healthcare cna with the largest company in the U.S..I was Verbally told of new policy 10-14-03 to wear all blue uniform or be sent home.I have abided but others still wear anything.On 11-18-03, my scheduled workday, I was told to stay home and if I came to work I would not be paid. The new policy was to stop all pre-schedule overtime. I worked 6 days and then 4 days in 2 week pay period. My schedule was changed to 5 & 5 while others today are still working overtime schedules. Is this discrimination? I believe I can also show with other incidents/issues harassment,invasion of privacy,slander,defamation and more.

1 answer  |  asked Feb 7, 2004 10:22 PM [EST]  |  applies to Ohio

Answers (1)

Ann Lugbill
Emotionally wiped out

Dear healthcare CNA:

Unless there is a specific law or contractual provision being violated, an employer can require uniforms, change work hours, limit overtime, etc. Unless you can show that some special status (age, race, sex, etc.) is causing you to be treated differently from others similarly situated, there is likely no law being violated.

There is no general law prohibiting "harassment" in the workplace.

With regard to slander and defamation and invasion of privacy, the legal standards are very strict and difficult to prove in court, particularly when it involves a workplace. Thus, these cases are rarely filed and even less frequently successful.

Another example of where you might be singled out for different treatment is where you are opposing illegal practices, like fraudulent billing of Medicare and Medicaid, poor patient care, etc. This is also illegal.(For more information on this see my website, www.whistleblowerlaws.com)

I would be very concerned that you not be perceived as a trouble maker at work and that if this perception exists and continues, that you may find your good standing and/or your employment in jeopardy.

Ann Lugbill
employment

posted by Ann Lugbill  |  Feb 8, 2004 12:05 PM [EST]

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