Can my DON legally do this to me????

jeckrn, BSN, RN · Apr 11, 2012

She can no legally do it if she states that it is because of your reserve duty. If she states that she is reassigning you for other reason she can do that depending on what your employee handbook says. Do you have a union & if so what are they doing about it.

allnurses Guide · Apr 11, 2012

Try this website: U.S. Military Reservists - Job and Benefit Protection | Employee Rights Fact Sheet

kjwestm6 · Apr 11, 2012

It has been stated to numerous people during the discussion of shift changes that i would be moved due to my one weekend per month military obligation. The thing is, I have not yet been told about the changes. Only through the staff rumor mill. And My DON is great but I know she doesnt understand the military work laws and so forth since I am the only reservist working there. I just want to see if I truely had any way to stay where I am, the staff changes are not being made because they have to be, it is only the LTC's way of giving the other nurses their chioce of shift.

caliotter3 · Apr 11, 2012

Look into the rules for people in the reserve. If you find that you should be accommodated due to law or public policy, perhaps a nice sit down to talk this out is in order. Or, if you are told to change and you find the change to be untenable, time to look for a new job. I was told one time, upon hire, that I could adjust my schedule to accommodate nursing school. That boss left. I got reamed out when I made a schedule request from the new supervisor. She ranted at me, but had just told the other nurse on the shift that she could have her requested days off just "because" she wanted them. I saw the handwriting on the wall. You have to judge whether or not, the handwriting is on the wall for you. Good luck.

ckh23, BSN, RN · Apr 11, 2012

They cannot do it because of your military obligation, but they may give a different reason. What you need to start doing is getting official orders every time you go to drill for that drill weekend and AT. This way you have proof. I would also inform this DON about the legality of it, sometimes this may make the problem go away all together. If you still get resistance go over their head. Also check out military onesource, they can put you in touch with people that can help. Don't let them bully you into this, you shouldn't be penalized for serving your country. The DON's problems are not yours.

http://www.militaryonesource.mil/MOS/f?p=MOS:HOME:0::::

Also try to find out if this facility receives any federal or state funding. If they do, the government doesn't take to kindly to giving money to these places. You can also use that as ammunition.

jeckrn, BSN, RN · Apr 11, 2012

Also look in EGSR they are a good resource also.

nurse2033, MSN, RN · Apr 13, 2012

Google USERRA and you will get a lot of information. If the change is because of drill then it is not legal (and it sounds like she has already stated that so she can't take it back). I would approach HR with your concerns. I've found they are more likely to follow the guidelines than random managers. If this comes to pass I would ask for at least Friday off before drill (and they can't make you use vacation time). It is unreasonable for them to expect you to work 12 days in a row without a day off. I would also point blank ask her if she supports our troops. Then point out that supporting troops means supporting you. Good luck.

Ruby Vee, BSN · Apr 13, 2012

it has been stated to numerous people during the discussion of shift changes that i would be moved due to my one weekend per month military obligation. the thing is, i have not yet been told about the changes. only through the staff rumor mill. and my don is great but i know she doesnt understand the military work laws and so forth since i am the only reservist working there. i just want to see if i truely had any way to stay where i am, the staff changes are not being made because they have to be, it is only the ltc's way of giving the other nurses their chioce of shift.

if you haven't heard it from your don, all you're hearing is gossip. and gossip is known for exaggeration.

hoosier guy · Apr 13, 2012

they can move your shift around all they want unless choice of shift is a written benefit of employment / seniority. all the employer has to do after a deployment is give you a comparable job with the same seniority and ability for promotion as if you had not deployed or been involved with the reserve.

unless choice of shift is a right and not something they let you pick, it is 100% legal for your employer to "adjust" your **** to accommodate your drill schedule

jeckrn, BSN, RN · Apr 13, 2012

To an extent they can but they can not make you change your position which cost you money. They can not make you work the days you missed because of drill. It is your right to take those days off without pay if you want to. Once you go on military leave for over 30 days then all they have to do give you a job back at same pay plus all raises you would have recieved while you were activited.

Ruby has it right, until your DON speaks with you it is just rumor. It might be a a fellow staff member who is not happy because you get that one weekend a month "off" and they dont.