Employer Breached Contract?
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Employer Breached Contract?


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Old 01-27-2015, 12:47 AM   #1
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Default Employer Breached Contract?

Hey all. To be frank, I am a fairly young member of this board. I am only 23 and as such I have quite a bit less experience when it comes to work, contracts, and grievances.

To preface my issue, I was working for a local hospital in the Children's Psychiatric Unit. I was a Behavioral Health Aide, responsible for supervising the children (ages 5-17) throughout my shift. Often times the nurses would promote dangerous working conditions i.e. giving a violent, autistic 11 year old a sharpened pencil when he wasn't even allowed to use a special plastic spork to eat. That kid almost stabbed me as a result. Another time, a patient told me that the same nurse let her sit in her car while the nurse smoked so she could receive "second-hand smoke." The patient was allowed to leave the floor via a Doctor's order, but not allowed to leave the building. No action was ever taken against this senior RN.

So, on to my issue.

Below is a verbatim copy of Article 14, Section 2 of the contract I signed with an explanation of how I believe it was breached.

"Upon receipt of notice from the Hospital, the probationary period will be extended for a maximum of three (3) additional calendar months. Individuals who are placed on an extended probationary period will begin their benefits and obtain CSEA membership as though the probationary period had not been extended. The notice extending an employee's probationary period of employment will set forth the specific reason or reasons for this action. The statement of reason(s) is for the purpose of assisting the employee to satisfactorily complete the period of probation. The reasons are not subject to challenge through the grievance and arbitration procedure contained in this Agreement. A copy of the notice shall be sent concurrently to the CSEA Unit President."

Now for the explanation of how this article was breached. I was notified AFTER my probationary period had been extended that it had in fact been extended from 2 fellow employees. Barring that this may be a violation of HIPAA, it says right in article 14.2 that a probation extension must be pursuant to a notification from the Hospital, which I did not receive, and no specific reason(s) given.

Second, section 14.2 also states that employee's whose probationary periods have been extended will obtain CSEA membership and start obtaining benefits. After my informal termination via a phone call to my cell phone, I contacted the CSEA headquarters in Albany, NY to see if there was anything I could do. However. the individual I spoke to informed me that they had no information of me within their system, implying that my paperwork had never been submitted after my initial 90 day probationary period.
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Old 01-27-2015, 12:48 AM   #2
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Basically, I'm just asking anyone that has any experience in this matter if I have a legal case against the Hospital.
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Old 01-27-2015, 01:21 AM   #3
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To preface my issue, I was working for a local hospital in the Children's Psychiatric Unit. I was a Behavioral Health Aide, responsible for supervising the children (ages 5-17) throughout my shift. Often times the nurses would promote dangerous working conditions i.e. giving a violent, autistic 11 year old a sharpened pencil when he wasn't even allowed to use a special plastic spork to eat. That kid almost stabbed me as a result. Another time, a patient told me that the same nurse let her sit in her car while the nurse smoked so she could receive "second-hand smoke." The patient was allowed to leave the floor via a Doctor's order, but not allowed to leave the building. No action was ever taken against this senior RN.
Not really sure what this has to do with anything. But, it seems from your side, they breached the contract. Twice. It also seems to me that if you can prove this, they'd have to answer for it legally. The question is, do you want to pursue it? Obviously, they're betting you don't. The bigger question is, that assuming you have a case, do you really want to fight for a job with a douchebag employer? (For me, personally, compensation, maybe, the job, no) Keep in mind that if you push it and win, they'll likely hold a grudge, and keep tormenting you.

If nothing else, life in general (and the very recent past in particular), has taught me that a lot of times, you're better off NOT being employed by the douchebag employer.

I bet some of the RN's here might be able to weigh in on the specifics.
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Old 01-27-2015, 01:26 AM   #4
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How long were you employed?
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Old 01-27-2015, 01:50 AM   #5
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First- legal advice given from a group of anonymous non-attorneys on the internet is worth every penny you paid for it. We did have a couple of attorneys that were members, but they were last seen curled in a fetal position, whimpering gently.

Second- you MAY have a case for Breach of Contract. But you need the counsel of an attorney licensed to practice in YOUR state. Call the State Bar Association. Most have a setup for a 30 minute consultation for a very modest fee,

Last, the conduct of the other employees has zip relation to your case.
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Old 01-27-2015, 02:43 AM   #6
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Sounds like you were still in a probationary period. Being terminated within this period of time, unfortunately, gives the hospital a free ride. I'm sorry but it sounds like it didn't work out for you. Save yourself a lot of heartache and start looking for another position. good luck
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Old 01-27-2015, 02:49 AM   #7
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Quote:
Originally Posted by clr8ter View Post
If nothing else, life in general (and the very recent past in particular), has taught me that a lot of times, you're better off NOT being employed buy the douchebag employer.

I bet some of the RN's here might be able to weigh in on the specifics.
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Sounds like you were still in a probationary period. Being terminated within this period of time, unfortunately, gives the hospital a free ride. I'm sorry but it sounds like it didn't work out for you. Save yourself a lot of heartache and start looking for another position. good luck
This is the best advice you're going to get here from us more experienced in life. Things in life can be unfair and we can't always make things right. I would document everything you see that is 'wrong'. I would look for another job and on the exit interview at this place, I would be sure they knew exactly why I was quitting. To be honest, I think this is the best you can do.
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Old 01-27-2015, 01:01 PM   #8
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Lots of good advice above, but I think gr8 nailed it. Move on asap. If you stay and win, you still lose. If you lose the fight, you've branded yourself as a young troublemaker looking for a job.
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Old 01-27-2015, 02:35 PM   #9
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Law and contracts are purposefully complex. If you want an opinion that is worth more than a glass of water, contact an attorney.
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Old 01-27-2015, 04:57 PM   #10
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Go work somewhere else, the medical field offers a wide variety of places to work...if you can help it don't work aroung Psych kids either
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