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.

I'd give her the side eye and say "You may want to run that by risk management," on the way out of the door.

Specializes in Geriatrics, Dialysis.

I've had to stay at work was for a storm so bad we couldn't possibly drive home anyway, and there was no way the next days staff would make it in. In that situation we were paid overtime while on the clock our max 16 hours and paid on-call wage for the 8 hours we were required to clock out. It sucked, but I was getting paid for all the time I was there including sleep hours.

When the storm started to let up staff were allowed to leave by seniority as new staff slowly trickled in. That was a LONG 3 days. I did get stuck one other time, but fortunately only overnight and yes, I was again paid for the whole time I was in the building.

I can see needing to stay until relief staff can get there, but if the next shift's staff has already arrived I can't imagine how they can keep you, especially if they aren't paying you to be there.

Wowzer, that's not ok! I'm in New England, and big winter storms that dump snow measured in feet happen at least a couple times each winter. When I was working in the hospital staff was encouraged to stay after, or come in before the storm started if you had an upcoming shift. They would open up an unused area of the hospital and give staff rooms, extra scrubs from the OR, food, toiletries etc. but never once was anyone told they had to stay. But I suppose here in the northeast its business as usual in a big snowstorm because it happens often.

Im with everyone else. I would leave, and / or call the labor board, and board of nursing. They can not threaten you with job loss,or discipline for going home at the end of your shift. Further more, if they are mandating you to stay, they are also going to have to pay you. They don't own you.

Aside from the legalities, how are they accommodating the staff mandated to stay an entire weekend? ie their prescription meds left home, special diets, child care etc?

I've been looking for the WV contingent on here, Welcome! The hospital where I work offered accomodation to scheduled employees who needed it during the storm. We were told that anyone on shift would be mandated if a state of emergency was declared. What hospital/ area of the state are you in?

Specializes in Psychiatry, Community, Nurse Manager, hospice.

I am interested in knowing whether or not they are paying you for sleeping over. Here in Jersey, if you can't make it in because of a snowstorm, they send someone to pick you up. The nurses in lower Manhattan stayed during 9-11, but they were paid OT.

Specializes in Critical Care.

Lol, how much snow?

Specializes in retired from healthcare.
They are at this point threatening us with discipline....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.
Excuse me, I have animals and children to take care of at home and I will see you on Monday morning! You will let me leave or you'll be the one getting discipline. I hate power and ignorance.

"Watch my big fat yellow hairy azz, walking out that door" . Credit to Homer Simpson.

The legalities of this will be well hidden in a hospital policy.

Good luck, stay safe.. let us know what happened.

Specializes in geriatrics.

How are they compensating you for wages, and meals? Sleeping arrangements?

Unless you are being paid overtime to actually WORK while you are there, they cannot hold you.

I would leave, document the exchange and contact the labour board.

Specializes in Psychiatry, Forensics, Addictions.

This occurs where I work, but we are paid for the time we sleep.

I'd call Tommy Lee Jones in. He's a fantastic hostage negotiator.

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