Can they do this?

Published

I have worked a second job at a casual position for 4 years. Our minimum requirement for casual status is 16 hours in a block of time (4 weeks) and 8 hours of call. I have always done at least that amount plus worked many extra hours when they called me desperate for extra help (I work another full-job). I recently found out that I have to have surgery and will be off approximately 4 weeks. I was told that I will be terminated because I won't be able to meet the min. requirements in that 4 week time period. I have worked so much extra for them this summer, sometimes working 7 days a week. Is this discrimination? While I realize that casual employees have no rights or benefits, I feel that I am being punished for suddenly having a medical issue. BTW, I have never called off in the 4 years I've worked for them either. 6 months of that was full-time. Do I have any recourse?

I have worked a second job at a casual position for 4 years. Our minimum requirement for casual status is 16 hours in a block of time (4 weeks) and 8 hours of call. I have always done at least that amount plus worked many extra hours when they called me desperate for extra help (I work another full-job). I recently found out that I have to have surgery and will be off approximately 4 weeks. I was told that I will be terminated because I won't be able to meet the min. requirements in that 4 week time period. I have worked so much extra for them this summer, sometimes working 7 days a week. Is this discrimination? While I realize that casual employees have no rights or benefits, I feel that I am being punished for suddenly having a medical issue. BTW, I have never called off in the 4 years I've worked for them either. 6 months of that was full-time. Do I have any recourse?

As I am sadly finding out myself "they" seem to be able to do anything they want , that does not sound right to me but unless you loyers your "&&&^%" I was told last year to go on med leave or be terminated . Now my job is coming after me again I have been written up 3 times and suspend once for things like talking ,not clocking in when the system was down (that one removed )

geting my bag ready to go befor I clocked out ?? I fell like I in 4th grade .

Up Vote Up Vote ×
Specializes in Home Health.

Just goes to show how much you are really worth to the facility. We are replaceable.

2 years ago I was working full time in home health with benefits. 6 months into the job, I had to go on medical leave because of a C5 nerve root compression. It took 4 months to arrive at the accurate diagnoses and the only treatment was surgery. The week I was to have surgery, the human resources manager called me and asked me to resign, saying I had used up all of my sick leave and vacation time and that I did not qualify for FMLA. I told him I was going to refuse to resign and he argued with me, I still refused. When I was released to go back to work, I sent the company a letter of resignation, as I knew I wasn't worth much to them. At the time I was an RN with 24 years experience, 7 of which were in Home Health.

As I said above, we are not indispensable!

Up Vote Up Vote ×
Specializes in Hospice / Psych / RNAC.

You have no recourse. This is the reality ... they owe you nothing. As professionals we must learn to separate business and emotion. This isn't your mother or your husband, it's an institution trying to make money (black and white). When you are able to go back to work just apply again. It's never a good idea to burn bridges. Leave with a smile on your face and tell them you'll see them around even if you don't intend on applying back.

Up Vote Up Vote ×
Is this a rolling 4 weeks or a calendar 4 weeks? Please check on this again.

That's the ticket right there to gaming the system. Get your surgery scheduled with the 4 weeks that you need off over the end of one of your prn job's 4 weeks and the beginning of the next 4 weeks.

Job Week 1 Get your obligation for the 4 weeks in.

Job Week 2 Finish your obligation for the 4 weeks.

Job Week 3 Surgery clock begins.

Job Week 4 Surgery recovery.

Job Week 1 Surgery recovery.

Job Week 2 Surgery recovery ends.

Job Week 3 Get your obligation for the 4 weeks in.

Job Week 4 Finish your obligation for the 4 weeks.

Up Vote Up Vote ×
Specializes in icu, recovery room.

I agree with tyvin. It is never a good idea to burn bridges. However, rn4babies63 sounds like a experienced reliable employee. My feeling is that they will hire you back.

A similar situation happened with me. I wanted off the night shift. Management kept saying, "no". I wanted to go per diem. So, I quit. Guess who called the next week asking me to work some hours?

Up Vote Up Vote ×
Specializes in Nursing Professional Development.
Why would they want to deplete their pool? makes no sense at all......

From the hospital's perspective, it makes all the sense in the world. The conditions of employment for casual employees is that they are willing to work when needed -- but can not expect to work when not needed. The employee makes a a minimal committment to the institution -- and the institution makes a minimal committment to them.

The minimal work requirement is in place to ensure that the causal employee has worked enough to stay competent in her skills and up-to-date in their knowledge of best practices, policies, etc. If a person doesn't work enough, the institution has to reinvest a little to bring her back up to speed. The hospital doesn't want to keep reinvesting in employees who work only ocassionally. By automatically terminating those who don't mean the minimum hours requirement ... the hospital gets to choose which nurses they allow to come back (and receive a little support to back up to speed) and which employees they don't allow to come back.

It's a good mechanism for them to weed out those nurses who aren't worth the re-investment. If the OP is truly a valuable asset to them, they will want her to come back and they will be willing to help her do so when the time comes.

Up Vote Up Vote ×
Specializes in CMSRN.

I agree completely with previous post. They are doing what is within their policy. It is systematic due to no benefits. The decision to terminate you is based on policy not you.

Reapply when you can go back. On a personnel level they will welcome you back with smiles.

Up Vote Up Vote ×

Redo the paperwork and pay again for the background checks, pay again the salaries of the HR people to do all of the hiring process again for someone that was already in the system. I don't see where this is doing the employer any good. You can terminate bad employees without the necessity to terminate good employees. The two actions do not go hand in hand. A management decision, that can, and should, be made on a case by case basis.

Up Vote Up Vote ×
Specializes in Nursing Professional Development.
Redo the paperwork and pay again for the background checks, pay again the salaries of the HR people to do all of the hiring process again for someone that was already in the system. I don't see where this is doing the employer any good. You can terminate bad employees without the necessity to terminate good employees. The two actions do not go hand in hand. A management decision, that can, and should, be made on a case by case basis.

It's worth it to the hospital to pay for bringing the person back -- because it gives them the abilty to NOT bring her back if she wasn't a good employee. They would rather pay the extra to get the valuable employee back ... because it gives them a good mechanism to get rid of bad employees. It can be really hard to get rid of some bad employees -- and having a mechanism to get of them is worth a lot to a company.

They don't want to do it on a case-by-case basis because that opens them up to lawsuits and criminal charges of discrimination from those they don't choose to re-hire. They'd rather pay the re-hire expenses than face the risks of such accusations. From a managment perspective, the ocassional minor expense of re-hiring a valued employee is worth it in order to avoid the accusations of bias and threats of very expensive legal action.

The OP should talk to her manager and "feel out" how the manager feels about hiring her back when the time comes. The manager probably can't make binding promise ... but might give the OP a sense of whether or not she'd be interested or not.

Up Vote Up Vote ×

Talk with your HR department about getting FMLA paper work for your doctor to fill out. I think this would protect your job. Good luck!

Up Vote Up Vote ×
Specializes in L&D, PP, Nursery.

My manager told me I was a very good, reliable employee and she'd be glad to hire me back if a position was available. However, I would lose all the raises I earned in the past 4 years. She also told me FMLA doesn't apply at their hospital since I am casual. It will be available to me at the full-time position.

Up Vote Up Vote ×
Specializes in L&D, PP, Nursery.
That's the ticket right there to gaming the system. Get your surgery scheduled with the 4 weeks that you need off over the end of one of your prn job's 4 weeks and the beginning of the next 4 weeks.

Job Week 1 Get your obligation for the 4 weeks in.

Job Week 2 Finish your obligation for the 4 weeks.

Job Week 3 Surgery clock begins.

Job Week 4 Surgery recovery.

Job Week 1 Surgery recovery.

Job Week 2 Surgery recovery ends.

Job Week 3 Get your obligation for the 4 weeks in.

Job Week 4 Finish your obligation for the 4 weeks.

Rescheduling the surgery is not an option. It is not elective. I've already delayed it 4 weeks. Why? I felt I was obligated to work out my schedule so not to put THEM in a bind by calling off. Ironic, huh?

Up Vote Up Vote ×
+ Join the Discussion