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.
For those of you interested in finding out about certain employers, these bb members can be helpful. I received several pms from members when I posted about moving to a certain city/area. It was extremely helpful and the decision I made thanks to their info was a good one.
For those of you interested in finding out about certain employers, these bb members can be helpful. I received several pms from members when I posted about moving to a certain city/area. It was extremely helpful and the decision I made thanks to their info was a good one.
Excellent! That nicely solves the public forum issue.
Would this person qualify under the Americans with Disabilities Act? I am not that familar with the law on that, but it seems like the employer is discriminating against this person.
To be covered by ADA, the employee has to be able to perform the "essential functions" of the job. This is often, at least temporarily, impossible following injury or surgery. This type of thing would, ordinarily, be covered by worker's compensation insurance if it was related to an incident that occurred at work, but in TX, for some unfathomable reason, employers are not required to have workers' compensation coverage. I have no idea what the deal is with that, but it is state law, not federal law, so TX gets to do whatever it wants.
My question - why does any nurse live and work in texas??
I understand not being able to just pack up and move, especially if it would mean uprooting a family, but TX is so oppressive of its nurses (and other workers too, I suppose), why go into nursing there? Just my emotions talking, please no one take offense, but it just angers me so much to hear about my fellow nurses being oppressed and/or mistreated - it makes me want to put on some boots and stomp somebody! :angryfire
My question - why does any nurse live and work in texas??
I understand not being able to just pack up and move, especially if it would mean uprooting a family, but TX is so oppressive of its nurses (and other workers too, I suppose), why go into nursing there? Just my emotions talking, please no one take offense, but it just angers me so much to hear about my fellow nurses being oppressed and/or mistreated - it makes me want to put on some boots and stomp somebody! :angryfire
I would love to leave. We moved here for dh's job, which pays a whole lot more than I can earn as an RN.
I would love to leave. We moved here for dh's job, which pays a whole lot more than I can earn as an RN.
Me too. I was ready to move last yr but DH decided to start another new job...so we're stuck again. Oh well. Who we're with is more important (sometimes) than where we are, eh? Plus...baby boy is not quite ready to make it in the world without Mom and Dad fairly close...so we settle for long weekend trips out of town. (hubby travels a lot in his NEW job, and one perk is I can sometimes go with him) :)
I don't think Texas is any worse than other southern employment at will nonunion state, is it?? Or maybe it is...I've only lived in 2 states so don't know.... :uhoh21:
Me too. I was ready to move last yr but DH decided to start another new job...so we're stuck again. Oh well. Who we're with is more important (sometimes) than where we are, eh? Plus...baby boy is not quite ready to make it in the world without Mom and Dad fairly close...so we settle for long weekend trips out of town. (hubby travels a lot in his NEW job, and one perk is I can sometimes go with him) :)
I don't think Texas is any worse than other southern employment at will nonunion state, is it?? Or maybe it is...I've only lived in 2 states so don't know.... :uhoh21:
Seriously, Texas IS worse, from what I have heard. They need to get with the program and treat people right!!!
I've lived/worked in 3 southeastern nonunion, at-will states. NONE of them have had the deplorable crap I've heard about coming out of TX.
NO GroupOne or anything like it
Everyone but TX requires Worker's Comp insurance (at least I don't know of any other state that does not require it)
Union-busting will happen anywhere management can get away with it - you just have to be faster than they are. You have to get the union into place before management can stick their noses into it, as the right to organize is not only federal law, but also in the NURSES BILL OF RIGHTS. Only problem is in a right to fire...uh, right to work (yeah, right) state - they can fire you because they don't like the color of your hair - unless there is a union to protect you. Therefore, they can get rid of people who try to unionize. Shady, but such is the world, I suppose.
Yup RN4NICU....I would rather have the little bit less money and be back in Minnesota with some union backing myself. I'm sure many of my problems here as a nurse have had to do with my union mentality...I'm Yankee born and am more outspoken than facilities 'like' here in their nurses. My southern born coworkers like my activism in private, but back down to management come crunch time ...ah well, we do the best we can, right?
For now I enjoy agency perdiem as it keeps me out of the fray somewhat. I look forward to doing some travel nursing to ICU's out of this area soon, as it does get me down sometimes. Luckily my agency still loves me.
I work for a hospital in Texas and we are not covered by workers comp. The company has its own program, which they assure us is "even better than WC". If we are hurt on the job, we have to report the incident before end of shift or it won't be covered. So, for example, if I injury myself when moving a patient but it doesn't start to hurt until the next day, the hospital won't pay for treatment. The hospital decides what treatment you will receive, what doctor you will see, etc. They will also reassign you to any position they want, while you are injured. For example, if you are unable to perform your duties as an ICU nurse because of a back injury, they can have you work in the cafeteria until you recover. This hospital is run by a national company with hospitals in many states. I assume only those of us who live in Texas are covered by this "special" worker's comp plan.
As the other posters mentioned, I wouldn't be here if it wasn't for my husband's job. I keep hoping he will be transfered out of state!
Yup RN4NICU....I would rather have the little bit less money and be back in Minnesota with some union backing myself. I'm sure many of my problems here as a nurse have had to do with my union mentality...I'm Yankee born and am more outspoken than facilities 'like' here in their nurses. My southern born coworkers like my activism in private, but back down to management come crunch time ...ah well, we do the best we can, right?
For now I enjoy agency perdiem as it keeps me out of the fray somewhat. I look forward to doing some travel nursing to ICU's out of this area soon, as it does get me down sometimes. Luckily my agency still loves me.
I am southern born, yet suffer for my outspoken activism as well. It is a shame. I typically enjoy agency perdiem, but 'tis the time of year when the unit is busting at the seams with new grads. I go through this every year with the hospital I call "home" and am pretty familiar with the routine. They hire a dozen or so fresh faces every year, but come next spring - maybe one or two of them will still be there. A couple of other area hospitals have decided to use travelers instead of perdiem agency, so they will have predictable staffing. I suppose I can understand that, so I will likely be traveling again myself before long. Ahh....nursing.
fergus51
6,620 Posts
For those of you interested in finding out about certain employers, these bb members can be helpful. I received several pms from members when I posted about moving to a certain city/area. It was extremely helpful and the decision I made thanks to their info was a good one.