The employer has all the 'rights' here. If the employer no longer requires your services, you can be released. California is an 'at-will employment' state; your employment can be terminated at the employer's will. You might speak with an employment law specialist to see if somehow there is an 'implied' contract of employment, but I'm not seeing any 'sacrifice' (consideration) on your part to stay on this job for in exchange for know you would stay in a certain department. Try submitting to the Dept. of Fair Employment & Housing, but i'm 90% certain you'll get politely rejected with a 'right to sue' letter. I don't believe a gall bladder attack, surgery and recovery rises to the level of a 'permanent disability' under the Americans With Disabilities Act. I would focus 110% of my energy on securing a new post at another hospital, given it appears your supervisor can and will 'paper' you until you are dismissed 'for cause' (leaving you unable to get Unemployment INsurance). It's 100% easier to get a job when you still have a job.
Answered on Jan 13th, 2013 at 8:39 PM