What can I do?

First I would like to say, I live in PA and work in DE as an RN. I have just been faced with a difficult situation. I was asked to leave with the option of resigning. I worked there for a little over a year. An employee there was writing up documentation reminders by the dozen, not just on me, but other employees. I asked the other employees if they were getting pulled in to the office for these reminders. I asked 2-3 employees if they were getting reprimanded, and they said no. I was pulled in to the office for verbal warning. I then was told that this employee needed to stop this nonsense. So it stopped. So every little mistake I made, after this, I was being pulled in to the office. The DON would tell others about what I was doing, and telling them to ask me if I was having some kind of difficulties. She also told me that this environment may not be for me. She would also say your co-workers you are not doing your job. I believe then another 3-4 months went by and I recd a written warning on something that everyone else as well as myself,were responsible for. I was told that I could stay late and finish my work, but I would not get paid for it, the company does not like to pay overtime. So then another couple months went by and I recd my annual evaluation, which was not outstanding but good enough to get a raise. Meanwhile while I was getting written up, no one else was. I have notes from monthly meetings that were directed to all staff about the same thing I was doing, but they were not getting reprimanded. There are a few other items I could go in to but I need to get some information from this. Do I have case of Dafamation? Harrassment?

1 answer  |  asked Aug 20, 2005 5:06 PM [EST]  |  applies to Pennsylvania

Answers (1)

Christopher Ezold
The answer depends on why you are being treated differently.

Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, the answer depends on why you are being treated differently. If you are being singled out and disciplined because of your age, gender, race, religion, etc., you may have a claim for a hostile work environment or differential treatment (both are two discrimination analyses). There is not enough information in your question to make that determination, however.

You probably do not have a defamation claim; employers enjoy a limited legal privilege to defame their employees in discipline and references. Certain actions can remove that privilege, but I don't see any facts in your question that would lead to that conclusion.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com

posted by Christopher Ezold  |  Aug 22, 2005 09:17 AM [EST]

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