Changes After an Offer Letter Was Signed

2011NursingStudent · Mar 29, 2011

I asked my fiancee (atty) for you & he said it wouldn't be an easy case to litigate, but you could get 3 months lost wages (difference between what you were making and $12 an hour), possibly 3 months rent, and whatever moving expenses you've already paid for, as long as the offer was not conditional. In doing that I'm sure you can figure that you'd lose your job, so you'll just have to weigh your options and figure out what's best for you now in terms of jobs. Maybe you can talk to them and tell them you've already incurred x, y and z expense, so you'll work as a tech but you also need some additional compensation to make up for the money you spent in reliance of their offer.

DPSGraduateNurse · Mar 29, 2011

They can giveth and they can taketh away - be thankful, honestly! :)

steelcityrn, RN · Mar 29, 2011

I would call them and explain what you are going thru. All you can do is ask. If you don't, you will never know the answer.

NPinWCH · Mar 29, 2011

Ethically what they did was wrong, but I don't know about legally.

As to whether you can work as an UAP with an RN license; the answer is yes. Keep in mind that regardless of what position you are working if anything were to happen you would be held responsible at your highest license. In other words, if you don't follow up on a change in VS and there is a poor outcome for the patient, you could be held liable as if you were an RN...because you are. If it was the UAP, the RN in charge of the patient would be responsible, but in your case you are just as responsible.

Music in My Heart · Mar 29, 2011

They absolutely can change the terms of your employment anytime they choose. They can increase - or decrease - your wages; they can change your schedule; they can change everyone's benefits; they can even choose to have you not work for them any longer - with no warning and for no reason.

Here in California you can work as an aid for up to four months without a CNA certificate and indefinitely with one.

I'm not so sure about the "you will be judged as a nurse" comment... I'd have to read case law which establishes the same but since you would not be accepting the patient as a nurse and would not have the authority of the nurse, I'd be surprised if you were judged as a nurse. OTOH, the BONs typically have broad powers in sanctioning one's license so I'd be very careful.

NPinWCH · Mar 29, 2011

I'm not so sure about the "you will be judged as a nurse" comment... I'd have to read case law which establishes the same but since you would not be accepting the patient as a nurse and would not have the authority of the nurse I'd be surprised if you were judged as a nurse. OTOH, the BONs typically have broad powers in sanctioning one's license so I'd be very careful.[/quote']
I couldn't find the information about my own state, Ohio, available online because it was in a legal conference I went to, but I did find information from New Jersey and I'll assume that many states have similar rules and laws.
UAP care directly for patients. Employment is based on the premise that the nurse will perform duties below the level of licensure and remaining within the scope of practice of an unlicensed position.

Terms of this type of agreement are in direct violation of the current statutes governing nursing scope of practice. In accordance with the New Jersey law (N.J.S.A. 52:14B-5.1c, Ch.37, 5.6), "a licensee shall be held to the level of practice associated with his or her licensure.regardless of his or her employment status."1

Based on the existing statute, nurses are liable to provide care in all instances to the level of their existing scope of practice. The healthcare facility is placing the licensee in circumstances that my lead to negligence or malpractice if held to provide care under the constructs of the assumed position. Plawecki & Amrheim explain professional nurses must research the liability involved in positions of less responsibility, and weigh the risk for potential grounds for litigation.2
Link to article: http://nursing.advanceweb.com/Student-and-New-Grad-Center/Student-Top-Story/New-Nurses-Working-as-Unlicensed-Assistive-Personnel.aspx

BrookeeLou_RN · Mar 29, 2011

Call the appropriate person and say you are thrilled to be moving there but this change in start date is causing a huge financial burden. You would be happy to work as a tech but ask that they meet you 1/2 way on the compensation? All they can say is no! But if you back out you will lose alot of $$ plus the job. And right now it is tough to get a job period.

caliotter3 · Mar 29, 2011

I would not challenge them or you won't have that job in three months. Move and take the tech position or move and wait. This is one of those unforeseen times when a person uses their six to nine months of savings that Suzy Orman and Dave Ramsey tell us to always have on hand.

Music in My Heart · Mar 29, 2011

I would not challenge them or you won't have that job in three months. Move and take the tech position or move and wait.

I agree - be very careful of how you communicate with them. I'm sure there are 10 (20, 50, 100...) other qualified candidates that they could tap in a second.

This is one of those unforeseen times when a person uses their six to nine months of savings that Suzy Orman and Dave Ramsey tell us to always have on hand.

Or one of those times when the emergency fund has long since been tapped out in the desperate hope to change careers and keep from becoming destitute.

Take the tech gig and be happy you've got a slot in the Versant program. It's outstanding from what I hear and indicates that (a) your hospital is solvent (unlike mine) and (b) believes in investing the training of their folks.

Five years from now, the 3 months will be immaterial.

nurse2033, MSN, RN · Mar 29, 2011

I would jump. Work at McDonalds if you have to. Personally I'd kill for a two month vacation. A residency program is a fabulous thing. It starts you off on the right foot and gives you a huge helping hand to cement your skills. It sucks you have to wait but this is so much better than being thrown to the wolves and perhaps bouncing from one crappy job to another, or worse getting fired because you get unlucky. Fall in love with oatmeal and PBJ. Good luck and congrats.

ScwwcS · Mar 29, 2011

Thank you everyone for your advice! I called the Missouri SBN and they said it is legal to work as a tech with a RN license....I found this article http://www.nursingworld.org/mods/archive/mod311/cerm202.htm

which does not make this sound like the best opportunity.

The HR lady is on my side and keeps apologizing because she knows this is unfair and the most they can offer my is $14.59. She states she has "exhausted all of her resources" and they will not budget with the wages.

I called the leasing company and they said they would be willing to work with me due to the circumstances. One option is to suck it up and stay in Chicago until June, but what if suddenly they pull something like this in June? Then I will have an entire new class of "newer" new grads to compete with and have wasted 2 months. This program does sound beneficial, but it seems like I will be taking a big risk because the company has already made me lose my trust. If I have to wait, I need a 110% guarantee that I will start in June without any changes. I've already had a 10 month "vacation" since graduation and I feel like I will continue to lose my skills if I don't get into a hospital soon.

Late yesterday I received a phone call from a hospital in Chicago (and interviewed this morning) for a Transplant ICU. They will make a decision next Friday and I could start in the beginning of May. The pay is much better, but they told me they are very short handed and their training program is practically non-existent. I spoke with a new grad nurse who has worked there for less than 6 months and she was just finishing a 16 hour shift. I'm not sure that this is a heathly work environment.

I am extremely torn at this point and I really am not sure what to do...