My employer keeps trying to get over on me, what should I do?

[Spikey9001, BSN, RN]

I have been working for a small mom and pop-esque home healthcare agency part time for about six months now. My role there is basically of a case manager. I open up new home health aide cases to staff as well as short term skilled nursing cases, follow patients during the time we service them and take care of any needs they may have and discharge them if needed. Ever since I've started, I've noticed that my boss has been doing sneaky things to try and get over on me money wise. When I first started, I noticed that my pays stubs did not have a section for deductions. I later found out two pay periods later that taxes were not being taken out of my check and that he had classified me as an "independent contractor."

Afterwards, he considered me to be a "hourly" employee, but I'm paid an hourly rate. Now, every pay period, my hours and pay are the same, even if some days I work 10 or 12 hours. Also, I do not have my drivers license, which I let the company know when I first interviewed there. So therefore, I am driven around by a driver. The pay for the driver is also deducted out of my pay as well. Whenever I'm being driven around to open cases or do visits, my hourly rate is cut by 25%. I only get paid the full rate when I'm in the office.

Something to add as well, everything is pretty much done by paper. All the charting and timekeeping is done on paper.

One thing I should note, is that I have learned a lot about the business side of how home healthcare and healthcare facilities in work in regards to insurance, payments, authorizations, etc... and I've learned valuable skills that I may not have been able to learn elsewhere that I can put on my resume for future employment.

As of now, I'm not in a great position to quit or take legal action (if I even can), but I'm looking for advice as to what path I should take in order to not keep getting screwed over. Should I just wait until I've left the company completely to take any action or figure out a way to get my just due?

Thank you.

[Spikey9001, BSN, RN]

Bump.

[JBudd, MSN]

If you can't afford a lawyer, try calling your state labor board, or the attorney general's office to see what your options or obligations are. If you are hourly, you should be keeping a time card, and paid for exactly the hours you work.

Did you get anything in writing about your wages? That driver business sounds awfully iffy to me. If I were you I'd ask for my wages, hours, etc. to be clearly defined and signed as a contract, and get that vetted before signing.

The only legal advice we can give here, is to seek actual legal advice!

[caliotter3]

Get another job.

[AliNajaCat]

Call your state office of Wages and Hours, or whatever they call it there. They will tell you what employment and pay practices are legal in your state and what aren't and if he is breaking the rules then you can report him. He will pay a big fine and you were going to get a new job anyway.

[Flatline, BSN, RN]

Never attribute to malice that which can be adequately explained by stupidity.

[Oh'Ello, BSN, RN]

I'd quit. Don't know if i'd want to involve the law in a "mom and pop-esque" healthcare operation while I was an an employee there. I wouldn't be surprised if this group is using other work arounds to cut other expenses like they are with your pay. Whats NOT a good resume item, is to be a former employee of a small company that shut down because they were screwing over their employees, or even worse, insurance companies, or dare I even say it... PATIENTS.

get out.. move on. You gained some skills, now take them to a place that will pay you.

[VivaLasViejas, ASN, RN]

Just out of curiosity: why do you not have a driver's license? It seems incompatible with a home health type of job.

[traumaRUs, MSN, APRN]

Per our terms of service, we can not provide legal advice. Please contact a lawyer.