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About Margot RN BScN GNC
Expertise
Please feel free to ask anything, but the more specific you are, the easier it is for me. Please share as many details as you are comfortable doing. I do check my Emails daily Monday through Friday so you should receive an answer within 24 hours on most business days. Thanks.

Experience
I have 18 years experience as a Small Business Owner-Operator; I own a Nursing Agency so often deal with both employee and client injuries. I would be pleased to offer any assistance I can. If I can not answer your question I'll do my best to direct you to an appropriate resource. Thank you.
Experience in the area
20 years of Long Term Care and Community Nursing, specialising in Geriatrics, Gerontology and PalliativeCare.

Education/Credentials
Registered Nurse , Certified Gerontological Nurse, Bachelor of Science in Nursing
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You are here:  Experts > Industry > Labor Safety > Worker`s Compensation > Worker's Comp. and Job

Worker`s Compensation - Worker's Comp. and Job


Expert: Margot RN BScN GNC - 6/19/2006

Question
I'm 53 male living and working in Honolulu for an auto dealership. I work as the Sales Trainer and Customer Satisfaction Manager as well. I'm on 9k salary.
Broke my rt upper leg just below the "hip Ball" last Dec 1st. At work..tripped over some x-mas decorations that were being taken out of a storage closet and were place in a "travel path" My last exray and evaluation follow up to my Dr. went well. I'm able to perform light duty chores and can stay "up" on my feet for 3-5 hours daily.

The president of our company dies suddenly about 1 month ago. The interm president called me into his office last Fri. (june 16th)and informed me that he and the GSM had decided that the company was going in another direction with both of my departments. At which time I was offered a sales person position with the company. (the sales positions require 8 to 12 hours of standing, walking per shift. I showed them my evaluation from the Dr. stating I can only be on my feet for a limited time daily and also mentioned the going from my 9K salary to ?commision? sales could be financially devestating and I also asked why I was given no prior notice or warning regarding this realignment.  After the general sales manager read my dr's evaluation and listed to my reasons why I could not accept the job...he stated dryly "then you can sit and answer the phones"
I've never been in this situation before. I'm also leaving the island for Arizona in a few days. Hawaii is an "at will" state.
Do I have any rights regaurding the way they "pulled the rug" out from under me with no prior notice. It almost feels like a force termination. Thanks in advance, Steve in Oahu

Answer
Hi Steve and thanks for writing,

You have to read your employment contract carefully and examine the termination clause and then you'll want to call the State Labor Board and discuss Labor Law in Hawaii (they vary widely from state to state). Once you are familar with your state law and the conditions in your contract you can go back and try to negotiate a fair settlement, most employers will settle and pay to get rid of people rather than going through the time and stress of a claim - mind you a new and inexperienced manager may be cockey and may try to play hardball so that's why you need to know your rights before you talk to him.

I hope this helps, good luck,

Margot

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