I need help- Do I have rights?

Nurses Career Support

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Hello everyone.

I am looking for some advice and help with a complicated situation. I was recently (4 months ago) hired as an Admission Coordinator at a Rehab facility. I have my Orientation & Competence Check List and the job description I was giving upon hiring.

Last week I was given 15 hours notice that because census was low I would be training to the floor and being a staff nurse with some orientation (not just releasing me to the wolves). I had previously said no I was not interested in this but on this day, it was mandated. A few weeks before this I was given 14 hours notice that my hours would be changing from 8-4:30 to 6-2:30. So the background is I was hired to work 8-4:30 as an Admission Coordinator.

I was not asked nor hired to do this job, as I have in my 8 years being a nurse been a school nurse and primarily OB & LD.

Now, I am beyond frustrated and confused. Do I have any rights? We only have 1 hospital here and the protocol is that if you transfer units you are required to give a 30 day notice. So not only am I scrambling to find another job, I then have to give 30 days notice on a job I was never asked nor hired to do.

I called HR and my job description was updated on the day I was told this would be taking effect, and someone deleted all my Admission Coordinator information as if it never happened. So the only items I have in my possession is my job description, checklist and a print off of the computer screen the job I applied for.

Do I have any rights? Lost, frustrated and feeling very overwhelmed.

Thank you kindly.

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You have a written job description, and, one would think, some kind of written offer of employment for that job. You have been working at it for four months, and you have been paid for it, presumably. Have you had any periodic performance reviews indicating that you have actually been doing that job, your checklist signed off by a supervisor, etc.? Were you rated as staff nurse, middle management, or...?

Out of the clear blue sky they reassigned you to a totally different job for which you are not qualified. Does your written job description or employee handbook say they can do that?

If not, I am thinking that they decided not to have that position anymore, and they know if they lay you off they will have to pay your work comp, so they think that if they push you into something you are not qualified for and didn't sign up for, you'll quit and they won't have to pay you for that.

So I would march into the HR department with a nice polite letter saying you would like to have your employment offer honored as per your job offer of (DATE), with a cc to your manager/direct report, and department head. They will probably give you some mumblemumble.

Then ask if the position is being terminated so you can apply for unemployment benefits. NEVER sign anything on the spot-- get a copy to take home and review if they ask you to. If your facility is unionized, go directly to your union rep. If your facility is unionized and you are not part of the union, then consider looking up a good employment specialist attorney (and extra points if you get one thru TAANA, The American Assoc of Nurse Attorneys.

And start looking for another job immediately.

Let us know what happens!

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I would call and consult a lawyer. Things like this happens a lot. To be honest, the easiest thing is to find another job.

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Specializes in Critical Care.

What does you job description say? Typically, you get hired not strictly as an "admission coordinator" but as a "Nurse", who might be hired with the role of "admission coordinator" in mind, but not limited to that. Employers often make sure the description leaves the door open for assigning you to other tasks.

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A number of fine print job description language state not only who you report to, but "and other duties as assigned by"...who you report to. Unfortunetely, this would fall under the "other duties" category. There's also some language pertaining to "and other hours" or "could rotate" or some other blah, blah about the fact the facility can change your hours as they see fit.

With that being said, since you were hired as an Admissions Coordinator, in my opinion, the facility needs to lay you off from that position, eliminate the position, whatever it is that they are going to do with that position, and then give you a choice. A severence package, the opportunity to apply for other positions within the facility, or collect unemployment. And I would speak to your union rep about this.

Further, and more unfortunetely, the facility is now in a position where they could call your insubordinate should you decline to do as they ask, they could leave you as the Admission's Coordinator and state that you are "not doing your job" (through no fault of your own) or trump up some stuff about patient's at risk due to you not working to the scope of your licesnse. Or trump up just about anything. And they could also claim an amnesia attack and don't have one CLUE how you are in possession of the job description--which is "old" or "not approved" or some other something...

Seems they want the ball in your court so that you can quit (and without notice a mark on your employment record) or they want you to screw up so they can let you go in the best fashion as to not pay unemployment. Oh, and perhaps they would be so inclined to have you do staff nursing and as part of your duties, admissions. Perhaps the pay is less as well.

This goes on every single day and is very disheartening. Go to your union, or to your attorney.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.
Last week I was given 15 hours notice that because census was low I would be training to the floor and being a staff nurse with some orientation (not just releasing me to the wolves). I had previously said no I was not interested in this but on this day, it was mandated. A few weeks before this I was given 14 hours notice that my hours would be changing from 8-4:30 to 6-2:30. So the background is I was hired to work 8-4:30 as an Admission Coordinator.
Well....unless you ahve a signed contract stating your position and details of your job you are out of luck. I'll bet if you look you will see the catch all "and other duties as assigned". If you do not belong to a union you might seek the advice of a lawyer. However, your job is a guarantee for hours and not usually the position. You can notify HR (remember they are NOT your friend) that you will be looking into unemployment for the lost hours. Most states allow this. While working the floor is not what you signed up for in the yes of the BON it is one you are qualified to perform safely.

They are under no obligation of advanced noticed and can "pull you" where ever they wish....just like the hospital when an ICU nurse is pulled to the floor and visa versa, which you have probably been exempt from as you were in a closed unit.

Is it "right" what they do? No. Do they have a legal right? Unfortunately yes.

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Specializes in Leadership, Psych, HomeCare, Amb. Care.

Yes, they can change our hours, work duties, etc. but usually there is a 30 day notification before having to make the change. Never heard of it being a one day notice.

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Thank you everyone for all the information and suggestions.

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Specializes in Critical Care, Education.

I believe that the PP (30 day notification) may have been referring to the WARN Act.. http://www.dol.gov/compliance/laws/comp-warn.htm but that does not apply unless the employer's actions are affecting a large number of people.

Situations like this are just infuriating... Those of us who occupy "one of" jobs are most at risk for these types of shennanigans. BTDT twice in educator positions. But individual employees have very little recourse. Most states, mine included, will not even pay unemployment if the individual was offered a similar job but refused to take it.

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