Difficulty with scheduling

Nurses General Nursing

Published

I need a bit of advice. A year ago I took a position for a mid shift position in an emergency department. Shortly after my orientation, they eliminated that shift. We were told when volume increases they would add the position again. It has been a year, volume has increased and they keep changing what they are looking for in order to add the mid shift position back. I have been working nights but it's taking its toll on me. I took a sign on bonus with the position that encompasses 2 years. What is the legality in all of this? Do I have a foot to stand on? Also, if I decide to leave, could I say they were in breach of contract so the sign on bonus is nullified and void. Please help!!!

beekee

839 Posts

No way of knowing without looking at your contract. Consult an attorney.

kp2016

490 Posts

I want to say that I’ve read on here in the past that people left and were not forced to pay back the sign on bonus. I guess it depends on the wording of the contract you signed and the culture of the hospital in question. It’s possible the contract has verbiage that mentions needs of the unit which allows them to swap your shift without being in violation of the contract.

I would personally take the gamble. In my resignation letter as well as the standard thank you for employing me, I’ve learned a lot and really developed as a nurse.... I would include something along the lines of “its with regret that I must submit my resignation, I am unable to continue in a night shift position due to its toll on my family life. I was hired for a mid shift position which is a better fit for me. I have made a sincere effort to make night shift work after the mid shift was eliminated but after more than 12 months realize that I need to find a non night shift position.

Hope it works out for you. I personally think it’s BS that an employer can totally change the hours you signed up for and that’s somehow ok.

Davey Do

10,476 Posts

Specializes in Psych (25 years), Medical (15 years).
1 hour ago, kp2016 said:

I want to say that I’ve read on here in the past that people left and were not forced to pay back the sign on bonus.

Yeah, I remember that also. The member said that it would cost the facility more in legal fees than it was worth to pursue.

The hospital where I worked as an LPN paid for my tuition when I went through the RN program. The contract stated that I had to work there for two years after getting my RN. I quit after six months due to unfair working conditions and won the case for state unemployment benefits.

The hospital's lawyers sent me a letter stating I was required to pay back the tuition. I wrote back saying the contract had been breached due to the unfair working conditions.

I heard nothing else from them.

Based on the information above, it would seem, Christina B, that you have good grounds on which to leave without repercussion.

Good luck to you!

If you do end up applying for other jobs, you could also use that as a bargaining chip to persuade your manager to give you the mid-shift position.

For instance, instead of just giving your notice, you could go to the manager and say, "Night shift is taking a serious toll on me. I've been considering other jobs with more desirable schedules. I'd be happy to stay if you're able to give me the shift I was initially hired into, which you claim you've been attempting to do for the last year. Otherwise, I need to move on."

If they're short-staffed enough and serious about retention, they might be willing to work with you. However, there's also a chance that it won't work, especially if there are a bunch of other people in the same situation and giving you the mid-shift position could create drama with everyone else.

Granted, I wouldn't personally try that move until you have another job offer in hand that you're actually willing to take.

Jedrnurse, BSN, RN

2,776 Posts

Specializes in school nurse.
12 minutes ago, adventure_rn said:

If you do end up applying for other jobs, you could also use that as a bargaining chip to persuade your manager to give you the mid-shift position.

For instance, instead of just giving your notice, you could go to the manager and say, "Night shift is taking a serious toll on me. I've been considering other jobs with more desirable schedules. I'd be happy to stay if you're able to give me the shift I was initially hired into, which you claim you've been attempting to do for the last year. Otherwise, I need to move on."

If they're short-staffed enough and serious about retention, they might be willing to work with you. However, there's also a chance that it won't work, especially if there are a bunch of other people in the same situation and giving you the mid-shift position could create drama with everyone else.

Granted, I wouldn't personally try that move until you have another job offer in hand that you're actually willing to take.

...also keep in mind that using negotiating leverage like that can paint a managerial target on your back, given some of the personalities that populate nursing administration.

6 minutes ago, Jedrnurse said:

...also keep in mind that using negotiating leverage like that can paint a managerial target on your back, given some of the personalities that populate nursing administration.

Yeah, that's why I wouldn't recommend doing it without another actual offer in hand. If the manager does take it in a really negative way, then the OP would have an out.

Christina B

6 Posts

Thank you all for your advice. There are zero midshift positions period so that particular negotiation is off the table.

+ Add a Comment