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EMPLOYMENT LAW
1
Employment Law
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EMPLOYMENT LAW
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Interpret and explain the basis of due process protection and why it might or might
not apply to Nurse Shuffle\'s situation. Express your opinion regarding whether Nurse
Shuffle should have been terminated or afforded the option of an addiction treatment
program.
Unlike individuals who work for private companies, government personnel cannot be
dismissed whenever the employer wants to (Cooper, 2022). The due process protection
legislation makes sure that public workers get notice before being let go and are invited to a
hearing to let the employer decide whether or not to do so. The procedure makes it possible to
make sure that the employer has a good cause to terminate an employee. As a public employee
with a property interest in her position, nurse Shuffle was entitled to protection under the due
process statute (Jonas, 2023). During the hearing, Nurse Shuffle was able to defend her actions,
which assisted the employer in choosing the right course of action.
My viewpoint is that the employment of nurse Shuffle ought to have been terminated.
The decision to enter treatment for addiction should be left up to the individual and should not be
mandatory. If someone chooses to enter rehabilitation, it is likely that they will put in the effort
necessary to recover from their addiction (Cooper, 2022). It demonstrates that they are aware that
they are heading in the wrong direction and that there is a need for them to make a change.
Assigning her addiction therapy as a kind of punishment would simply ensure that she would
complete it in order to avoid being fired, rather than because she really wanted to get well. She
eventually goes back to stealing medicine in order to satisfy her need for it later on (Jonas,
2023). She would have understood that what she had done was inappropriate if she had been
fired from her job. She would also come to the conclusion that feeding her addiction would only
result in more severe penalties in the future, such as the suspension or revocation of her driver's
EMPLOYMENT LAW
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license (Cooper, 2022). For her, it would have been a rude awakening, and it would have
prompted her to look for more effective methods to cope with her sadness. Receiving her
treatment seemed to me like it was encouraging bad conduct since she was getting it.
Explain the applicability of the FMLA to Nurse Shuffle\'s situation.
When one considers the parameters of FMLA, it becomes clear that Nurse Shuttle will
have no problem benefiting from it. Due to the fact that Nurse Shuttle is employed by a staffing
agency, each staffing agency has its own set of rules. If Nurse Shuttle is a secure full-time
employee of the staffing company she works for, she should be able to use her FMLA leave if
she so chooses (Jonas, 2023). She was able to take the time necessary to handle the personal
challenges that she was going through, which were life-changing in nature. The Family and
Medical Leave Act allows qualified workers to get assistance in taking time off from their jobs
(Cooper, 2022). After looking into nurse Shuffle's situation, I concluded that she may have
qualified for family and medical leave if she had applied for it. The nurse's sadness was
interfering with her ability to do her job tasks, which is why she turned to medicine to help her
deal with the melancholy and get through her workday (Morgan, 2022). Employees who are
qualified for the leave under the Family and Medical Leave Act are those who suffer from a
significant health condition that hinders their capacity to carry out the responsibilities of their
employment (Benjamin, 2022). She had also been working for the company for more than a year
and had accrued more hours than the minimum 1250 that the law required. Instead of taking the
medication that was meant to help her deal with her melancholy, she should have requested leave
and used that time to seek depression counseling. She stole the medicine instead. The nurse
would not have been qualified for the paid leave for medical reasons while employed at the
teaching hospital since she had just recently begun working there. She had the problem while
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EMPLOYMENT LAW
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employed by LTAC, and had she taken a break from her employment, requested a leave of
absence, and sought therapy, she wouldn't have had to give up her license.
Discuss the responsibility of the teaching hospital\'s requirement to verify the
licensure and professional credentials of Nurse Shuffle. Compare the verification burden
for an agency employee versus a regular employee.
When Nurse Shuttle was employed via the temp agency, the teaching hospital probably
did not take on the obligation of verifying her qualifications because they thought that they had
already been checked (Cooper, 2022). Even while some businesses recruit employees via temp
agencies, such businesses nevertheless do their own background checks and verify the
qualifications of their new employees. Since things might occasionally fall through the cracks,
the teaching hospital is just as much at blame as the temp agency. Nevertheless, if everything had
been done properly by both agencies, there would have been nothing that could have fallen
through the cracks (Morgan, 2022). Hospitals are reluctant to recruit permanent employees,
which is why they utilize agencies. Hospitals would prefer to use temporary staff hired via
agencies because they feel the firms have already completed the time-consuming and expensive
process of evaluating temporary personnel (Benjamin, 2022). Even though their main
responsibility is at the hospital where they are contracted to work, an agency employee works for
the agency. The process takes longer than normal since they are not an organization employee. It
is straightforward to conduct background checks on regular staff members since the hospital is
their principal job.
References
EMPLOYMENT LAW
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Benjamin, A. (2022). This is how medical leave helped save my job as a nurse (Podcast).
Nurse.org.
https://nurse.org/articles/nurse-medical-leave/
Cooper, A. (2022). How does due process protect a public employee? Findlaw.
https://www.findlaw.com/employment/wages-and-benefits/how-does-due-process-
protect-a-public-employee.html
Jonas, W. (2023). Family leave and other rights for workers with health needs. Psychology
Today.
https://www.psychologytoday.com/gb/blog/how-healing-works/202302/family-
leave-and-other-rights-for-workers-with-health-needs
Morgan, A. (2022). Rights of employees in the workplace you should have. One Education.
https://www.oneeducation.org.uk/rights-of-employees/