Isn't this illegal? Even in Texas?

[Hellllllo Nurse]

A nurse who works at a clinic where I used to work was on light duty from just having had a cervical laminectomy when the old DON left and a new one started. The new DON let it be known that he does not believe in workers being able to be on "light duty."

Now, my old co-worker has to have another cervical lamy. He has two weeks PTO, which he will use to recover. His boss just told him that if he is unable to do all regular duties when he comes back from his two weeks off, he will be fired.

This is Texas. In my area, employers breaking labor laws and getting away with it is common. I have had two employers in the last two years that owe me money that I've been unable to collect, even after consulting a lawyer.

There is no way it can possibly be legal to fire someone for having surgery, and taking longer than two weeks to be fully recovered, is there?

Employment in Texas is "at will", so I'm thinking it might be legal?!

I've advised my old co-worker to get a lawyer, but he says he can't afford it.

What do you think about this?

[fab4fan]

This happened to me.

A co-worker of mine was off for orthopedic surg. When he came back, the NM let him do desk work until he was able to resume full duties.

Enter a new NM. A few months later, I was injured (at home) and was off for several weeks. Because I have an unrelated chronic illness, I had already accessed FMLA and used some of it. My new NM refused me the same accommodations given to the other employee, and when my FMLA ran out I was fired. (HR left me a message on my voice mail...nice touch.)

The kicker? This is 100% legal. Ethical...that's another matter, and while I don't believe in hell or punishment in the afterlife, this experience almost left me wishing I did.

Believe me, I took this through the legal system; there was absolutely no recourse for me. This was going on 2y ago, and I am still bitter.

Oh, I forgot...the person who replaced me? A new grad with bupkus experience. Talk about adding insult to injury (this was a critical care area).

Sounds petty, but I got some satisfaction in finding out a few months later that she flamed out.

(And they are still trying to fill my position.)

[Havin' A Party!, ASN, RN]

Sure seems like an oral contract with the first DON would make it a legal contract, wouldn't it?

Don't think so.

Would be considered as unenforceable for lack of consideration.

[NRSKarenRN, BSN, RN]

check out texas workers compensation commisson

http://www.twcc.state.tx.us/commission/divisions/rtw/rtw.html

workers' compensation is a state-regulated insurance program that pays medical bills and replaces some lost wages for employees who are injured at work or who have work-related diseases or illnesses.

workers' compensation will pay for the medical treatment of an injury or illness if:

• the injury occurred at work or the disease or illness is job-related; and
  
  
• the worker's employer has workers' compensation insurance or is certified by the texas workers' compensation commission to self-insure.
  
  

workers' compensation will also replace some of the worker's lost wages if:

• the injury or illness caused the worker to lose some or all income for more than seven days.
  
  

texas employers may choose whether or not to maintain workers' compensation insurance. employers who choose to have insurance may:

• purchase insurance policies from private insurance companies; or
  
  
• self-insure, if they meet the requirements of the texas workers' compensation act and are certified by the texas workers' compensation commission. self-insured employers have the same rights and responsibilities as employers who buy policies from private insurance companies.
  
  

there is no requirement for light duty related to leave for medical conditions not work related.

[mattsmom81]

When I had to have a cervical lami/fusion (injured in a car wreck not WC ) I was pretty much at the mercy of my nurse manager...and she knew it. Initially I got the cold shoulder (I'm an ICU nurse) but then I offered to fill a position she needed: charge on her stepdown...where I could work the desk and stay out of the heavy work. She warmed up a litle when she saw I would meet a need SHE had.

It is tough down here and I agree I miss my union environment. Hope your friend can work something out to his satisfaction, Helllo Nurse. Maybe if he goes to the new manager with a 'is there something I can do for you that will keep me working' it MAY help (if the new manager has a heart that is)

There's small print in many of these employment laws to get employers off the hook and many employers find loopholes; like undue hardship to the unit, etc. Unless there is a blatant provable discrimination or a black and white law being broken, it is not always easy to enforce these laws...and attorneys are expensive.

Good luck to your friend, I can empathize,

[Hellllllo Nurse, BSN, RN]

It is disgusting. As nurses, we give and give and give. Then, when we suffer problems of our own, we are cast into the garbage and a new young face is brought in (at least until that one wears out).

You are so right. I used to be one of those new young faces. Used to be, I could lift and carry with the best of them. In too many jobs nurses provide TLC- Toting, Lifting and Carrying!

The company is Fresenius- the world's largest provider of dialysis services.

As Jnette can tell you, they are known for treating employees badly.

Most companies here do not carry Workman's Comp, as it is not required in Texas. Most are self insured. Trying to get anything out of them is like getting blood from a stone. I know. A former employer refused to pay for the ER tx of an injury I got on the job. A fire door slammed on my hand. Even talking to a lawyer did not help. He said "You will obviously win the case, but it will cost you at least $2,000. in lawyers fees to recoup the $300. You paid for the ER visit. You can try and get attorny's fees, but I can tell you that these cases are rarely worth the cost, and it will drag on for a long time."

So, I did not sue, because of the cost. After seeing what my old co-worker is going through, I have just applied for private disability insurance coverage.

Thanks for your replies, eveyone.

[Hellllllo Nurse, BSN, RN]

This happened to me.

A co-worker of mine was off for orthopedic surg. When he came back, the NM let him do desk work until he was able to resume full duties.

Enter a new NM. A few months later, I was injured (at home) and was off for several weeks. Because I have an unrelated chronic illness, I had already accessed FMLA and used some of it. My new NM refused me the same accommodations given to the other employee, and when my FMLA ran out I was fired. (HR left me a message on my voice mail...nice touch.)

The kicker? This is 100% legal. Ethical...that's another matter, and while I don't believe in hell or punishment in the afterlife, this experience almost left me wishing I did.

Believe me, I took this through the legal system; there was absolutely no recourse for me. This was going on 2y ago, and I am still bitter.

Oh, I forgot...the person who replaced me? A new grad with bupkus experience. Talk about adding insult to injury (this was a critical care area).

Sounds petty, but I got some satisfaction in finding out a few months later that she flamed out.

(And they are still trying to fill my position.)

And they wonder why there is a "shortage", and why so many of us seasoned nurses seem bitter! :angryfire

[RN4NICU, LPN, LVN]

And they wonder why there is a "shortage", and why so many of us seasoned nurses seem bitter! :angryfire

I have the exact same thought everytime a student or new grad comes onto the board complaining "I'm so sick of these negative threads" or "you mean people are just trying to discourage us and I'm tired of it".

I can't help but think - come on in, but don't say you didn't know what you were getting into. We don't complain because its fun. Complaining isn't in the Olympics, so we aren't gearing up for the Trials - we have legitimate problems. Health care as a whole has many legitimate problems - read the paper or watch the news sometime. The downsides are real and ignoring them won't make them disappear. That sentiment goes double for all the dolts out there that sit around saying "oh if people would just go into nursing - there wouldn't be a shortage" - CRAP!! Until conditions change, those people will eventually wear out and burn out just like the nurses before them. If retention does not become a concern, and QUICKLY, all the recruitment efforts in the world are not going to make a dent in the shortage.

[Hellllllo Nurse, BSN, RN]

I have the exact same thought everytime a student or new grad comes onto the board complaining "I'm so sick of these negative threads" or "you mean people are just trying to discourage us and I'm tired of it".

I can't help but think - come on in, but don't say you didn't know what you were getting into. We don't complain because its fun. Complaining isn't in the Olympics, so we aren't gearing up for the Trials - we have legitimate problems. Health care as a whole has many legitimate problems - read the paper or watch the news sometime. The downsides are real and ignoring them won't make them disappear. That sentiment goes double for all the dolts out there that sit around saying "oh if people would just go into nursing - there wouldn't be a shortage" - CRAP!! Until conditions change, those people will eventually wear out and burn out just like the nurses before them. If retention does not become a concern, and QUICKLY, all the recruitment efforts in the world are not going to make a dent in the shortage.

I agree with you totally. The newbies' "why-are-you-trying-to-discourage-us-it-can't-be-that-bad-have-a-positive-attitude" threads are so sad.

How about the threads where they ask us experienced nurses for our opinions, and then get upset because we did not tell them what they wanted to hear?

Unfortunately, they will know exactly where we are coming from in a few years.

[Havin' A Party!, ASN, RN]

I'm a newbie that appreciates the probs existing nurses face. I feel I'm better off being forewarned of some of the things folks already out there have had to deal with.

At the same time, I'm not the type that thinks all the negative stuff reported will necessarily come down my path. Believe a good chunk of it depends on personal dynamics, individual situations, and a host of other non-quantifiable factors.

Still, the mere fact that I've "experienced" your issues on paper makes me wiser, tougher and aware. You best know I'll be using that knowledge for my benefit.

Please keep on helping me improve. Thanks!

[nursemike, ASN, RN]

I'm a naive, young 48 yr old nursing student who is happy with the hospital I work for and expect to be even moreso when my job gets more interesting an my salary doubles. I am not overly discouraged by the negative threads, in part because I just don't believe it's that bad everywhere. Also, I know people in my job who think it sucks, but I usually enjoy it.

I do wonder if there isn't a place in the world for a forum on bad employers. Not real sure about the legalities, but it seems like a simple statement "This was my experience with XXX..." shouldn't be any more libelous than "blacklists" for problem employees. Strikes me that the nursing shortage could put some of these "anti-magnet" hospitals out of business, if they didn't change their ways.

Frankly, and no offense intended, but I've read enough here that I just can't imagine what it would take to persuade me to work in Texas. I'm not real gung-ho pro union, but I think workers should have some rights!

So, what do you think? Should we start a "Take This Job And Shove It!" thread?

[jnette, ASN, EMT-I]

That really is reprehensible, Hellllo.

I'll agree that I work for my PATIENTS and my UNIT staff... while I give little thought to the "COMPANY". I'm well aware that I need to look after myself, because the company certainly won't.

Our NM/DON would have taken on the work of your recovering coworker herself, and allowed him to do what he was ABLE during his recovery.. that's just how she is, and how much she values us. She has done it before ... many times. Quite a difference.

It's so disheartening to know that in this day and time, these "companies" demand our loyalty and truly our ALL, while they themselves do not think it necessary to give us a second thought in return.

So tell me... why SHOULD we? If it were not for my patients and for my NM and coworkers who are truly like family, I wouldn't give HALF of what I give there.

[Havin' A Party!, ASN, RN]

... Should we start a "Take This Job And Shove It!" thread?

Hahahahahahahahahahahaha! Liked that.

Don't think legalities will be the prob. Do believe people might be a little sensitive to trashing their employer, past or present, so publicly.

Like you, I'm not discouraged by the neg comments either. But I'm taking everything in for future use.