Being forced to stay at work. (West Virginia)

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Hello, I am a Nurse in the State of West Virginia.

We are currently in the wake of Winter Storm Jonas which has left our hospital in a bind with staffing. I am well aware of the mandation laws currently in action for the state of WV. I understand that a nurse can be mandated to work a 16 hour shift if staffing is needed for the safety of the patients, which I have no problem with and will gladly volunteer in this time of need. However, at our specific facility after a nurse has worked a 16 hour shift, management will not let us leave the building, even if we are not scheduled to work for several days, requiring us to sleep here.

They are at this point threatening us with discipline.

I have just worked a 12 hour shift and am not needed to work an additional 4 hours as my replacement has arrived, they have no use for me. They will not let me leave the hospital even though they have no need for me. They say, "they cannot guarantee that I will make it in for my shift tomorrow night and I am not allowed to leave due to this."

Although extreme, I feel that this is somewhat a hostage situation, lol. I live 5 minutes away from the hospital of which I work, I have even said that I can walk to work of for some reason my 4WD lifted truck cannot make the 2.2 mile trip.

This cannot be legal, refusing a nurse from going home if they are not mandated and are not needed. For instance, a nurse worked her scheduled shift this past Friday and was going to leave at 7pm. They told her she was not needed but she was not allowed to leave.

She isn't scheduled to work again until Monday morning and are forcing her to stay here throughout the weekend? I cannot see how this is legal in anyway, and then on top of forcing us to stay they are intimidating us by throwing termination in our face if we leave.

Wait.....what? I am pretty sure that is not legal and you are indeed describing a hostage situation, lol

Um, you may need to call the labor board or something.. This just doesn't sound right. This also sounds like a place I wouldn't want to be employed at...

Specializes in Education, FP, LNC, Forensics, ED, OB.

Thread moved to General Nursing forum.

Specializes in Reproductive & Public Health.

Um, yikes that sounds crazy. And I am sure they aren't going to compensate you for the time they want to you to stay at the hospital. No idea about legalities, but I would not be happy!

Just leave, you cannot be forced to stay.

Specializes in Med/Surg/ICU/Stepdown.

I'd be gone in a heartbeat. And when they tried to fire me, I'd hire a lawyer. Your employer has lost their mind. That can't proactively punish you for the idea that you might not come to work tomorrow.

Specializes in Nurse Leader specializing in Labor & Delivery.

I would say to leave as well. I would tell your manager that she's within her right to discipline you if you don't show up for your next shift, but that they cannot legally discipline you for leaving at the end of your scheduled shift. And then I would leave.

Specializes in Pediatrics, Emergency, Trauma.

Did you leave, OP?

Same thing happened in my WV hospital during the blizzard of '93. Guess things haven't changed much. After it was all over we all got coupons for a free "blizzard" ice cream from Dairy Queen. That seems like fair enough compensation right???? Lol

Oh, Hell no.

I'm not one for making a scene over every little thing, but this is a hill worthy of dying on. It seems like the only way they could mandate this would be if there was some kind of declared state of emergency where the government got some kind of legal injunction keeping you from leaving.

I thought I'd heard everything.

That's not normal!! Tell your manager unless you will be paid overtime including nights and weekend rates for all of the time you are there you will be leaving.

Because you are only required to work an extra 4 hours I don't see how they can make you stay.

Make sure you have this in writing.

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