LEV:which state do you work?
Customer (name blocked for privacy):Texas
LEV:Do you have any contract with your employer?
Customer (name blocked for privacy):No I my wife is a salary employee
LEV:Does you employer has any kind of employee handbook or any other document that mentioned termination policy?
Customer (name blocked for privacy):registered nurse
Customer (name blocked for privacy):I am not sure
LEV:so far you are talking about your wife - correct?
Customer (name blocked for privacy):Yes
LEV:and she is at-will employee?
Customer (name blocked for privacy):What does at-will mean
LEV:Employment At-Will Doctrine means that employment is presumed to be voluntary and indefinite for both employees and employers.
Customer (name blocked for privacy):Then she would be
LEV:It also means that either party may end the relationship without prior notice
LEV:the employer may terimate such employment with any reason, without a reason, or with the wrong reason
Customer (name blocked for privacy):She has worked for the company for ten years and has never been written up
LEV:it is possible that the company has any written policy - if so - that policy would override the at-will termination
LEV:it is usually in th eemployee handbook - can you get one?
Customer (name blocked for privacy):yes
LEV:she may ask for options to work part time - but did not request as the only option - don't she?
LEV:the manager may had a wrong impression
LEV:so her position would be - if that part time option is not avalable - she will continue to work as usual
LEV:I suggest to talk to the manager and may be to HR
Customer (name blocked for privacy):how can a letter indicating that you have decided to go part time be misconstrued into a resignation. Even though there was never any mention of resignation in the letter.
Customer (name blocked for privacy):doesn't a resignation letter require a signature to be binding.
LEV:it is hard to tell... that might be a manager's assumption - I am just guessing
LEV:The law doesn't require a resignation letter at all
Customer (name blocked for privacy):So if you provide a letter indicating your interest in part time staus that could possibly lead somone to believe you are resigning.
LEV:it is possible that employee handbook has some procedure for resignation - that may include a resignation letter, prior notification, etc - but the law doesn't regulates that.
LEV:that is possible. it is also possible that the manager intentionaly misrepresented the facts.
Customer (name blocked for privacy):that is exactly what happened. she intentionaly misrepresented the facts
Customer (name blocked for privacy):if that can be proven then what recourse does my wife have
LEV:but the bottom line - if the employer decided to terminate her - and she is at-will employee - there is nothing she may do.
LEV:the only she may talk to HR or to the upper management and state her position.
LEV:but please verify the employer internal termination policy - that may be a great help.
Customer (name blocked for privacy):if my wife can prove that she told her supervisor that she wanted to go part time and one of her colleagues heard her say that and we know her supervisor lied there must be something that can done.
Customer (name blocked for privacy):This was the letter my wife submitted
LEV:again - in connection with termination - that would be up to the employer; If a specific person lied and that resulted damages - like loss of income - she may sue that person for that. If she may proof the lie in th ecourt room she may obtain the judgment from that person.
Customer (name blocked for privacy):As per our conversation on October 31, 2007, here is my official notification of my intent to change my status from full-time to PRN status. Although, I have enjoyed working with the staff and physicians at the Specialty Hospital, my circumstances are such that I need to work in a PRN capacity at this time. I thank you for this opportunity to continue my service with the Specialty Hospital and look forward to my continued employment.
Customer (name blocked for privacy):Thank You
LEV:we may not decide - it is possible that the employer do not want to offer her PRN status. It would very depend on the situation where she works and relationship with management.
LEV:it might be interpreted either way
Customer (name blocked for privacy):then could she say since you can not offer me prn status then I am going to continue working full time.
LEV:the letter is fine - it is a "notification of intention" and not a resignation letter
LEV:but we could not control the impression of another person
Customer (name blocked for privacy):my wife could continue working on a full time status as a result of the letter, with the risk of being terminated
LEV: that is up to the employer - to terminate her or not - remember as at-will employee - she may be terminated without any reason
Customer (name blocked for privacy):my last question
LEV:if th eemployer decides to terminate her - there is nothing you may do unless that is a discriminate reason
LEV:go ahead
Customer (name blocked for privacy):since her letter was a notification of intention and her supervisor told her there were no PRN position available could she still continue working on a full time basis. Can she provide another letter of intention indicating this.
LEV:so you may want plan to do : 1. try to get employee's handbook 2. talk to HR or upper managent - say - it is a miskake and misunderstanding - please corrrect.