Is it legal for them to have me take sick call unpaid?

Emergency RN · Sep 23, 2010

Thank you ALL for the great replies. It's just been gnawing at me, and every morning I do it I get more and more cranky. For the poster that asked, it is a 30 plus provider multispecialty clinic. And, unfortunately, this duty is in my job description (I am using the term 'job description' liberally...this is what they told me at my interview I would be doing, but they created the position for me and, to my knowledge, there is no written description yet). However, I did not know that I wouldn't be getting paid.
The call means I can never go to the gym in the morning, and that the phone wakes up my family. Some of the calls are long distance. The person who does the job now (plus a mountain of other stuff) is management, but I wouldn't call myself management...I'm a new grad with 3 months under my belt. I get paid hourly, and not that much.
They're wanting to turn this over to me permanently fairly soon, and I'm somewhat concerned that when I tell them that I don't see my nursing career going this direction, they might get rid of me.
I've been doing this job, plus float nursing (IV's, port draws, protime clinic, etc.) as we've been short this summer, so it hasn't been an issue. But now that things are slowing down I can't in good conscience take their money to train me to do a job that I'm not going to stay in (actually, that I hate.)
I am applying for other things but having the same trouble I had three months ago; not many jobs.
Anyone with additional thought, please post. Thanks!!!

Whoa, now wait just a minute. In light of this new information, I take back what I stated about overtime and phone bills. If this was the conditions of hire and you had already knew what the duty entailed prior to your acceptance, then your bargaining position is dramatically weakened. One can certainly argue about unfairness if no other employee is required to do that, had you been hired to be just like every other employee. But, in this case, you weren't; you were hired to be specifically NOT like the other employees. That is, you were specially hired specifically because they needed someone to do exactly what you're doing.

In this case, you may make a narrow case to get a special employer supplied cell phone to carry off site and take calls (to avoid personal use conflicts); but the early hours is already a no contest as it was the conditions of employment to which you had agreed. But, I also understand the precariousness of your position, being a new grad with very little experience. The agreement itself seemed like that were taking advantage of someone with little to bargain with, and they knew it.

My suggestion is, take them for what you can for the time being, making as little waves as possible while you gain more experience, which translates to hiring ability. Then after you get what you need, quietly look for better situations.

Good luck.

cokeforbreakfast · Sep 23, 2010

Emergency RN,

Your post is too true.

When I got hired to do the staffing, I assumed I'd be getting paid for the hours I took call at home and I thought they'd give me a phone. In retrospect, guess I should have asked:) In addition, after I was hired I realized the full extent of the position (that from the hours of 6-8 am I will always have to be available to answer the phone, forevermore).

Though if I had it to do over again, I can't say that I'd do it much differently. I'd still be sitting home with no job, otherwise.

Anyway, thanks to everyone for their input!!!

pers · Sep 23, 2010

I really don't see how they can legally require you to work two hours a day and not pay you if you are an hourly employee. Not providing a phone is crappy but unlikely illegal. I'm sure they could also get away with paying you a different wage than what you normally make for working. To require it and not pay you at all though? I'd check with the labor board if I were you because I highly doubt that's legal.

I realize you were hired to assume these duties as part of your job description but they are typically handled by someone in management and the majority of those positions are salaried.