Q: Nurse practitioner suddenly terminated from group practice in California, unable to notify patients, legal recourse?
I am a psychiatric nurse practitioner who has worked with a group practice part time for 3.5 years. Yesterday evening I was terminated suddenly due to "budgetary reasons". I was immediately shut out of the electronic medical record system and I am unable to fulfill my ethical duty to inform patients about the transition in care. How should I address this concern with my now former employer? Do they have any obligation to pay out the sick leave I've accrued and never used over the years? Is this potentially an unlawful termination?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
You should immediately reach out to your former employer in writing, expressing your concerns about the inability to notify your patients. Highlight your ethical duty to ensure a smooth transition of care, and ask how they plan to inform your patients. It’s important to keep a record of this communication for any potential legal issues down the line.
Regarding your sick leave, California law typically requires employers to pay out any accrued but unused paid time off, but sick leave payout depends on the specific policies of the practice and whether it falls under the required payout provisions. You should review your employment agreement and the company’s sick leave policy to understand your rights better.
As for the termination itself, while budgetary reasons can be a lawful basis for termination, if you suspect any discriminatory practices or wrongful reasons, you might consider consulting with an employment attorney to evaluate the circumstances and determine if there’s a case for unlawful termination.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
