Can a nurse be replaced after her shift has started without any notice?

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Can a nurse be replaced after her shift has started without any notice?

I am an agency nurse who is being replaced in the middle of her scheduled shift without notice when one of the employer’s regular employees becomes available. Is there any recourse for wages lost?

Asked on June 29, 2012 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, if you do not have an employment contract, you are an employee at will. As an employee at will, your employer may set and change your hours at will--including sending you home in the middle of shift--and you have no recourse for the lost hours.

On the other hand if you have an employment (including union) agreement and it addresses this situation, its terms are enforceable, so you should review it to see if it helps you.


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