Forced to come into work on day off

BabyLady, BSN, RN · Sep 23, 2010

I had a similiar job like that many years ago in West Virginia. However, they said that they could call you anytime on your days off and you would be required to come in no matter what. If they called you and you did not come in it would be a write-up since they called it "mandatory overtime." They never caught me on my days off. Thankfully, a friend had told me that they did not always use the work phone to call you. They would use their own personal cell phones to call you in order to trick you into answering the phone. I had to not answer my phone at all on my days off as I did not have caller ID at that time. I had to tell my friends to call and leave a message and then I would call them back.

This is illegal if you are not scheduled for a shift.

Especially if they couldn't get ahold of you.

You can do a salaried employee like that, but not hourly.

whodatnurse · Sep 23, 2010

This is why God created caller ID and why you shouldn't answer the phone unless it is super-convenient for you to go in.
What they are wanting to do, is to have the entire staff on call without paying anyone for being on call.
All they are encouraging is staff members to not answer phones.
What a perfect example of poor management.

I hope for your all's sake NOT answering will continue to even be an option (if you want to remain employed with them). Don't be surprised if they provide you with - or instruct you to purchase - a cell phone or blackberry so you're accessible to them 24x7x365.

AOx1 · Sep 23, 2010

I agree with the other posts that mention to clarify and suggest self scheduling and insisting on call pay. Get the rest of the staff on board. However, if they insist on doing things this way, it shows a total lack of respect for employees and I would begin the job hunt.

KyPinkRN · Sep 23, 2010

Also, we'll be staffing another department (cvicu) instead of our own (msicu).
Can't provide any explanation other than no one wants to work in our cvicu, there have been two ft positions posted for months.

I'd almost be willing to bet that they could find somebody in the unit already who wants to work an extra shift rather than forcing folks to do it. It sounds like they haven't been very creative when it comes to finding a solution for their staffing issue.

futureRN_Anastasia · Sep 23, 2010

Hi,
A new scheduling policy is about to take affect and I wanted to check to see if its right/legal. So, in our ICU we are now going to be required to work a full 12 hour shift (over our 36) on one of our days off every 2 months. We will not know in advance what day this will be, and thus they are calling it an "on call day." Essentially we will be called out of the blue and forced to come to work, every 2 months.
How on earth is this acceptable, my days off of work are my days off?!
So my questions are...
How is this legal?
This was not mentioned in my job description, unless the famous "and other duties as assigned" applies.

It's great that it's odd for the majority of the forum members. When I worked in IT it was written in every single contract I signed, that they can ask for unpaid overtime at any moment they want. Much more than 1 Friday night or weekend of sudden "oh, you have to come to work, we just decided to rush something for a client". It's hard and it sucks!

milzer2012 · Sep 23, 2010

Since you are "on call" with no advance notice, are you required to

carry a pager? Yes, your cell is available, but if the facility is asking

you to be available, aren't they supposed to provide a way to contact you?

How about an "on call" standby rate until they call you - Your time off is yours,

unless they are paying you to be available,

has always been my understanding of my time.

caliotter3 · Sep 23, 2010

I once had an employer that used caller ID blocked lines. I always knew which call not to pick up. Worked well for me because I never pick up a blocked call anyway. I found it to be quite distasteful for a business that is supposed to involve compassion for sick and dying people, to use blocked phone numbers in their day to day dealings with the public.

limey · Sep 23, 2010

Sounds like DICTATORSHIP to me . Are we becoming communist now? God help us if we are.

CrunchRN, ADN, RN · Sep 23, 2010

They need to let you know ahead of time when your "on call" day is.

Otherwise you are essentially on call 24/7 every day off and need to be reimbursed for that per your states labor laws and they need to provide the means for you to be contacted and set guidelines about how far you can be from work and obviously you may never have another sip of wine with dinner on your day off as you are always "on call".

TakeOne · Sep 23, 2010

I'd almost be willing to bet that they could find somebody in the unit already who wants to work an extra shift rather than forcing folks to do it. It sounds like they haven't been very creative when it comes to finding a solution for their staffing issue.

They may be doing exactly what administration is telling them to do: fill empty shifts without hiring new people.

Honestly, working an extra shift every two months is no big deal. But this is where the staff needs to raise their voices and insist on an on-call schedule so that each staff member will know what's ahead.

BabyLady, BSN, RN · Sep 23, 2010

I hope for your all's sake NOT answering will continue to even be an option (if you want to remain employed with them). Don't be surprised if they provide you with - or instruct you to purchase - a cell phone or blackberry so you're accessible to them 24x7x365.

With the costs in healthcare, that is doubtful.

They cannot require you to carry a cell phone unless they foot the bill for it.

Dingo8Who · Sep 23, 2010

We had another meeting this afternoon about it... Other people can volunteer to take the 'on call' for you. We will also be able to schedule what day we want to be on call, but if no one is signed up for that day anyone can be called.