Am I entitled to back pay after being wrongly suspended for over 2 weeks?

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Am I entitled to back pay after being wrongly suspended for over 2 weeks?

I am a nurse and work part-time at a hospital. Another nurse and I were suspended without pay for over 2 weeks “pending investigation” regarding complaints made by a new physician. After an investigation it was determined we did nothing wrong and we are now allowed to return to work. Are we entitled to any back pay for the time we were suspended without pay? Also, during my suspension I was asked to drive over 30 miles to a corporate office and meet with a nurse educator, the chief of nursing, and my manager to discuss the physician’s complaints. Should the hospital compensate me for my gas amd mileage?

Asked on December 1, 2010 under Employment Labor Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Well I would certainly ask for it. You have to look at both sides of the matter here.  Obviously this doctor had it in for you and the other nurse and hopefully the hospital will take care of him.  But the hospital is in a very precarious position and owes a duty to patients to insure  that those who are taking care of them are beyond reproach.  So they do what they have to to take care of the matter.  Now, do you have a contract with the hospital or are you an employee at will?  If you have a contract read it and see what it says.  So while I would certainly broach the subject of reimbursement for at least the out of pocket expenses in defending yourself, I would not be surprised if they deny the claim for lost wages based upon the reasonableness of their investigating the matter.  Good luck.


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