Should I push the issue?

[Mabel 29]

I have a technical issue that I am dealing with. I'd like some of your thoughts. I interviewed for a LPN job on August 14, 2006. I was subsequently offered a job and had my first PPD at the facility on August 25, 2006. I was told that the next orientation wasn't until September 13, 2006, so I'd have to wait until then to start. Ok, I have no problem with that. So I start the job in September and am off orientation/probation by the end of the year. At that point I am automatically in the union. I get the union book and find out that a new contract was signed just before I started. The new deal says that anyone who is HIRED after September 1, 2006 loses 2 personal days, 6 sick days, a paid holiday and vacation time. I argue that since I am offered the job and have my PPD in August, I am HIRED before September 1 even though I don't START until after that date. The company says that is not so. What do you think. Should I fight it?

[caliotter3]

As far as I am concerned you have a valid case and should fight it. Your start date versus your hire date was something beyond your control.

Added thought: Perhaps a free or short consultation with an employment attorney might be in order. Make certain you have all your employment documents, including your employee handbook available.

[DutchgirlRN, ASN, RN]

My hire date and start date were two different dates. I'd fight it.

If they gave you a PPD, it was on their nickel, verifying that you are their employee. Good Luck.

[TazziRN, RN]

Hire date and start date are not the same thing. Fight it.

[TiffyRN, BSN, PhD]

I don't know anything about unions but I know everywhere I've ever worked even when I've been hired a couple of months in advance my start date always counted as my hire date. But you have a union so I'm sure everything works differently.

[caliotter3]

Have you talked to your shop steward? Your union rep is the person who is supposed to insure that you don't get messed over like this.

[TazziRN, RN]

Hire date is the date on the papers that are signed. Start date is the first day of pay.

[caliotter3]

I started with a home health agency to work a particular case. The person doing my orientation took forever due to scheduling problems. My hire date with that company was always listed as the date we signed all the papers and did all the office stuff even though I never "started" until almost 3 months later. The OP should have at least one piece of paper showing the date she was hired. I think an employment attorney would be able to sort this out very easily.

[meownsmile, BSN, RN]

I think this is something the union is going to have to fight for you. If you have a union they should be sticking up for you on this one. When were your papers signed? Your job description agreement, personel papers etc. that is going to be the deciding factor im afraid.

[leosrain, BSN, RN]

I agree, the union should be sticking up for you. However, I'm worried about the fact that you LOST sick days/personal days in your contract. I would be asking the union why the hell they let that happen!!! All the power SHOULD be in the nurses hands. Hopefully they used that as a bargaining tool to get something else REALLY good.

But...nurses not using the power they have to its full potential....that's another topic.

[Mabel 29]

Thanks for all of your thoughts. I think I will ask to see my personnel file. I know that I was given the position description in August, but my copy does not have a signature or date on it. I believe that I signed a copy and gave it back to them at that time. I'm not sure what other papers I signed then. I remember that that the I-9 and payroll papers weren't done until September at orientation. Thanks again for your help!