Medicaid paid company, but company didn't pay me! ADVICE PLEASE!!!

Specialties Private Duty

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Ok, so I just graduated nursing school then passed the NCLEX... I got hired over the phone with a "home health agency" although I actually am a private duty nurse doing 8-12 hour shifts. The service is paid for by medicaid. Medicaid pays my company and then the company pays me. I clock in and out using the clients mothers phone (my client is pediatric).

On 2 separate instances (once in August and once in September) the clients phone was unavailable, so as instructed by my supervisors, I called management, with the fathers phone, and they were supposed to clock me out. In BOTH cases the managers never clocked me out and I received a call from the office the following mornings wanting to know why I had not clocked out. I never got paid for these two days. I spoke with the owner of the company numerous times and she insisted they would be on my next paycheck. But paycheck after paycheck came and the hours were never added.

Then, the owner calls me just last week and tells me she will not be paying me for those two days as she had just found out I have been taking a lunch break. I was told by the woman who hired me, the pt's mother and the nurse who has been working for this company that lunch breaks were allowed. There is NOTHING in my contract that says we are not allowed a lunch and I have not even taken a lunch everyday. I might get to take a lunch 2 days out of 5 that I work. I spoke with the medicaid case manager about it and she said the company was paid for all of my days, including the two where the office had to manually enter my departure time the next day. The owner of the company said that the only way she will pay me for the two days is if she goes back from my start day (over 6 months ago) and takes 1 hour lunch out for every day... Which would make me owe her money!!!!

So just to summarize, the company was paid during every lunch I took, and was also paid for the two days where my managers did not clock me out, but I was not paid for the two days because "of the lunches" i have taken. I am no longer taking lunches now that I know that it is not allowed, but I was counting on that money and I feel its not fair that the company was paid for doing nothing while I am being shorted for almost 25 hours of work! I am still a new nurse, this is my first nursing job and I just feel like it isnt right.

They have hired 7 nurses total for this case and I am the only nurse who has stuck with it. The rest of the nurses quit due to pay issues as well, but this has been my first negative experience. I have had several people tell me they are not allowed to just take my pay like that. Does anyone know legally or from any aspect how all this works?

Thanks in advance for your help!

I don't have time to reply to everything at the moment. But you can call your labor board. I found out from my labor board that employers are only required to pay minimum wage, anything more is up to the company but we are only ever guaranteed minimum wage. Luckily many employers don't know this! Just call your labor board...its free and straight from the people that enforce the law. Oh, yeah, and yep they can retaliate and turn you in to the board. You need a lawyer.

I read all the laws on labor board in sc and it states an employer is allowed to decrease an employee's pay but only with a written notice one week in advance. Unfortunately for me, I signed the contract which I'd bet serves as their "one week".

Specializes in Peds(PICU, NICU float), PDN, ICU.

Says a lot about the company if they only value their nurses at minimum wage. Even as a new nurse, you're worth way more than that!

Specializes in Home Health,ID/DD, Pediatrics.

I I I would at least get all the correct information from your board of nursing, labor department and Medicaid so that if you leave and they do retaliate you have already spoken to them about it and they are familiar and aware, making it less likely that anything will happen to your license.

Its always a good idea to make a binder of regulations from the board, Medicaid etc...and leave it in your car or somewhere accessible for quick reference. This way you can look things up and you will know when a company isn't on the up and up. You HAVE to protect your license, DO NOT just take anyone's word. Trust but verify so you don't get yourself in trouble.

Specializes in Home Health,ID/DD, Pediatrics.

Also, document and date all details! Who you spoke to, when, what they told you etc...

As far as new grads being in PDN, if you are intelligent and you don't do anything your unsure of with/on your patient and you make it a point to learn and keep up with current standards and evidenced based practice you should be fine.

Specializes in School Nursing.

I hope you put in your notice- but don't be surprised if they try to withhold your pay for other BS- this company is dirty- plane and simple. If I were you, I would do what others have suggested and speak to the board about what has happened, and then tell your employer you will be expected payment for the 32 hours they owe you, and that the you will be filing a complaint with Medicaid, the state board of labor, and the state licensing board that licenses their business if the monies owed you aren't on your final check. Let them know they are more then welcome to file a complaint to the BON, as you've already made them aware of the situation.

My guess is you will get paid, and quickly. Like I've said before- the last thing this company wants is state and Medicare auditing their files.

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