Injury during first week. Help.

Nursing Students CNA/MA

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So I posted awhile ago, and I pretty much work through an agency at a SNF. My first day alone was rough, and while turning a one person assist resident my back was in so much pain and my shoulder just cracked (no injury to my shoulder tho). I kept working because I had an hour left and just dealt with it.

That same night my back was in so much pain and having spasms in my neck n back. So I called out for the following day and told them I think I pulled or strained my back and would see my doctor.

Well pretty much to sum this up, msy doctor said I needed physical therapy for at least 30 days 3x/week with no lifting at all. My xray just showed I had a straightened cervical spine likely due to spasms, n back ( have an mri scheduled for Wednesday). So I faxed over my doctors note to my agency and the facility. ..

So my question is, I never recieved my paycheck for my first week and my agency said I had to complete 10 shifts before receiving my first check ( I did 5) the facility rules. I was so upset, n then they asked if I could complete 5 shifts this week, I told them no because of my slight injury. No one informed me of this "rule", they told me to call back Wednesday n they'll talk to the facility.

Is this normal, or anything I can do? Im out of work for 30 days and can't even get one week that I worked?

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Specializes in Complex pedi to LTC/SA & now a manager.

Call the labor department.

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Specializes in Long term care.

You HAVE to be paid for the shifts that you DID work. They may be able to hold your check for two weeks (a pay period), but they have to pay you for all the hours you worked. It is the law.

Check again with them and ask them to clarify this for you. I think it's just a misunderstanding. It's probably that you have to wait for the pay period to end to get your check. You may not remember them telling you this because it was probably written somewhere in a stack of paperwork that you signed upon hire.

There is a lesson in this: READ everything before signing. Don't just take someone's word for something. Read it. Even if it means a quick glance over it to get the "'gist" of it.

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Yeah, that is illegal at least on my terms. You should get paid for the hours you WORKED for them. Some people will work for a week or less after hiring but decide to quit because they realize that it's not for them, and they still get paid for that.

Re-read the company handbook/notes they gave you when you were hired.

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I also wanted to know what in the world is having to work 10 shifts before I go by my own.

that is what I ve told when the recruiter interviewed . So I will get paid until the 10 shift are done ?? And if I get paid would I get paid in full the 10 shifts or one week equivalent ?? Please clarify this to me if possible . Thank you

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Thanks for the advice guys i appreciate it a lot. I recieved my check today it was only for the one day i worked on my own. Not for the 4 days of orientation. And .50 less than my hourly wage.

Im stuck i dont know what to do, working for agencies suck. Is ot because its an agency?

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Specializes in Long term care.
Thanks for the advice guys i appreciate it a lot. I recieved my check today it was only for the one day i worked on my own. Not for the 4 days of orientation. And .50 less than my hourly wage.

Im stuck i dont know what to do, working for agencies suck. Is ot because its an agency?

The last time I worked for an agency they did one day of orientation that I was not paid for. I knew that going in.

Use this as a learning experience. Next time you interview with an agency, you know some of the questions to ask!

Don't look at the interview as just them interviewing you....you need to interview THEM as well.

You may "only" be a CNA but the job requires responsibilities and you NEED to know what you're getting involved with!

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Go to the Labor Board. Your pay can not be withheld despite their "rule". I doubt the Labor Board will state that is a legal "rule". What if your were to decide you never want to work as a CNA again, so you are never going to work the next five shifts, ever? What excuse would they use to withhold your pay then?

Training wage is usually the minimum wage. You should have been paid for your days of orientation. You might want to run this entire situation past an employment attorney. Look for one of those who advertise a 30 minute free consultation.

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Another consideration is that this was a work-related injury. Make certain that you find out from future employers who the Workers' Comp doctor is. You must report to this doctor to have your injury evaluated for a workers' comp claim. By going to your own doctor, you placed yourself in the position of having the employer state that you injured yourself outside of the work environment. Good for them because it is not a mark against them. Bad for you because you are then responsible for your medical bills.

Look in the employee handbook of future employers for this info. If it is not there, it may be on a notice posted in the employee area. At any rate, they will inform you where you need to report when you call the employer to report the injury. I am surprised that the employer did not do this when you called.

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Im new to this what is the labor board cailotter3. And thank you so much for your advice, I'm just clueless with stuff like this. My PT doctor said i should get workers comp, but honestly not even interested in that ( because you're right i should have got it all in writing and not just by telling them). I just want to be paid for the days i worked. I have health insurance so im ok

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