Small Claims Court?

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Specializes in Med Tele.

I worked for a small home health company for a few months, but things didn't work out. I turned in my 2 weeks notice and turned in my last assignments. Several days after my 2 weeks notice had passed, I even went into the office for half a day to do a few corrections that the DON had noted (of course, without pay). Days later, they called me to go in again, to do more corrections. I responded...I had family issues and requested they put the items in the mail to me (certified), I would make corrections and return them certified. They have refused to do so "legal medical documents...will not leave our office".

I refuse to go in because they had plenty of time to gather all corrections the time I had gone in.

They have held my last paycheck ($500+) and insist on me going in again. What would you do, if you were in my place?

Thanks!

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Specializes in Emergency & Trauma/Adult ICU.

I would go in and complete what was necessary. You may have very legitimate reasons for not trusting this employer, but at least they are (correctly) not allowing medical records to leave the office. No patient should have his/her records mailed to someone not currently providing care, who is not even any longer an employee of the organization.

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Specializes in ER/ICU/STICU.
I worked for a small home health company for a few months, but things didn't work out. I turned in my 2 weeks notice and turned in my last assignments. Several days after my 2 weeks notice had passed, I even went into the office for half a day to do a few corrections that the DON had noted (of course, without pay). Days later, they called me to go in again, to do more corrections. I responded...I had family issues and requested they put the items in the mail to me (certified), I would make corrections and return them certified. They have refused to do so "legal medical documents...will not leave our office".

I refuse to go in because they had plenty of time to gather all corrections the time I had gone in.

They have held my last paycheck ($500+) and insist on me going in again. What would you do, if you were in my place?

Thanks!

Small claims court is not you answer. You need to contact the department of labor. You either have two choices, swallow your pride, go in and do what needs to be done and get your check or file a claim with the DOL. the easier path would be to just go in, but make sure they have that check waiting.

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Specializes in Infusion Nursing, Home Health Infusion.

Just go in and make the corrections. It benefits you in several ways....you get your check....you correct the charting which you were responsible for in the first place and proper charting protects you as well...and you do not have to go through the hassle of small claims court and wait mos for the check and this will also leave a bad taste in the mouths of your previous employer. From a time and money perspective it is a lot cheaper to just do in and do it! If it would have been done correctly from the get go you would not even have this problem so you do have a responsibility to make it right!

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

While we cannot offer legal advice as per the Terms of Service.....your employer can hold your check until you complete your position requirements. These were your assignments/responsibility and such you are responsible for them.....personally and professionally.

Personally, I'd go complete the work I was supposed to complete initially and call it a day.

I wish you the best.

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Specializes in Med Tele.

Thank you all for your input. I contacted Department of Labor, they directed me to TX Labor Law:

"

[h=1]Texas Payday and Labor Law Sections[/h] By Jill Stimson, eHow Contributor

texas-payday-labor-law-sections-800x800.jpg Texas employers must display a payday poster in their workplace.

All private employers in Texas must comply with the state's Payday Law. The Payday Law provides Texans with their wage and hour rights under the state's labor laws. Employeeslb_icon1.png may report Payday Law violations with the Texas Workforce Commissionicon1.png. The Payday Law requires employers to provide compensation for all hours the employee works during the workday. Employees have up to 180 days from a wage violation to file a claim against an employer.

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

Again we cannot offer legal advice we wish you the best. Thread closed for review

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