The "risk my license" game

[Orca, ADN, ASN, RN]

Probably anyone who has been a nurse manager for any length of time has run across individuals who say that they don't want to perform this task or that one, using the excuse that they don't want to risk their license. I find that more often than not the tasks they want to beg off from are routine. For instance, one LPN tried to convince me that her license did not allow her to pass medication. An RN claimed to be in fear of jeopardizing her license by performing a dressing change. I am interested in hearing some of the things you have heard by people playing the "risk my license" card to get out of what would generally be considered basic duties.

[caliotter3]

I was not qualified to do a task, I told my employer that I was not qualified, and had to almost argue the point with them. They did not want to take my word that I was not qualified just because I said it. They needed someone for the job. This was not for a routine task, normally covered by my scope of practice.

If someone routinely pulls this excuse for tasks they should be able to do, then it is probably a good idea to reconsider whether they are qualified to continue in their job. Give them a chance to remediate or have them hit the road and hire a capable employee. Heaven knows there are a lot of capable unemployed people out there.

[Jules A, MSN]

I was not qualified to do a task, I told my employer that I was not qualified, and had to almost argue the point with them. They did not want to take my word that I was not qualified just because I said it. They needed someone for the job. This was not for a routine task, normally covered by my scope of practice.

If someone routinely pulls this excuse for tasks they should be able to do, then it is probably a good idea to reconsider whether they are qualified to continue in their job. Give them a chance to remediate or have them hit the road and hire a capable employee. Heaven knows there are a lot of capable unemployed people out there.

I agree and have to say that while I am not one to avoid hard work I am getting really tired of the dangerous patient loads we are seeing on a daily basis. I'm even more sick of the willing victims who continue to accept dangerous assignments and seem to revel in ******** about it. It makes those of us with legitimate concerns about staffing look unreasonable.

[nicurn001]

While you may get the occassional nurse who will try to argue that a an assigned task will put their license at risk , the far greater and more common situation is of nurses being given overwhelming assignments , which do actually put their licenses at risk or their employment if they complain too often about these assignments .

Unsafe staffing and working off the clock are systematic problems administration are well aware of , but which they brush under the carpet ( out of sight , out of mind )and condone in order to satisfy the shareholders need for profit .

[mamamerlee, LPN]

It is illegal to work off the clock. The next time an employer asks you to work off the clock, remind them that if you get hurt while still on the premises you would not be able to claim workers' comp. That you refuse to work for free. That there is something wrong with a system that makes you work OT more than just occassionally.

Why do we give our time away? Why do we agree to be voluntarily unpaid for our professional services?

[Orca, ADN, ASN, RN]

My post was not meant to imply that there are not legitimate situations in which a nurse does not feel qualified to perform a certain task and has the right to decline. I was seeking responses more along the line of those who use the excuse to try to get out of work.

[nicurn001]

Sorry Orca , you may have wanted responses to validate your apparent view of the abuse of this excuse , but having opened a can of worms don't be surprised by the answers recieved .

As I said and we both appear to agree , as in all things some will abuse the excuse " it will put my license at risk . But I contend , that the greater risk to our nursing licenses is provided by nursing administration / hospital administrators systematicaly running units low on staff in order to preserve a certain level of profit .

Mamamerlee , yes it is illegal to work off the clock , and as you say you are not covered by workers comp . or hospital Liability Insurance if you do so ( the final insult is your employer could also terminate you for falsifying your time card ! ). But as we are both aware this happens in many facilities regularly .

[rzyzzy]

Mamamerlee , yes it is illegal to work off the clock , and as you say you are not covered by workers comp . or hospital liability insurance if you do so ( the final insult is your employer could also terminate you for falsifying your time card ! ). But as we are both aware this happens in many facilities regularly .

FWIW, working "off the clock" isn't possible - the employee can "make book" (document the dates and times they were required to work off the clock) and get paid double damages + attorney's fees, for 2-3 years AFTER the fact.

I'll gladly work "off the clock", make my book, and get paid for it anyway in a couple of years.

There have been a number of recent class-action cases recently where employees recovered millions in wages from some of the biggest companies in the country. There are many more that are settled with a confidentiality agreement that you'll never hear about.

A single employee with a good "book" is an open and shut case (and a quick settlement) for a labor attorney.

As for "not being covered by insurance", that's just wishful thinking by the employer - employees are covered whenever they're doing their jobs.

Read about it at the website below.

http://www.getmanlaw.com/

[nicurn001]

rzyzzy , I understand what you are saying ( As I have offered similar advise to what you offer on previous threads ) , but the reality is that many nurses are so much in fear of there employers they do not challenge the practice eg . clocking out and in for lunch while continuing to care for their patients .Employers are well aware of this practice but believe , as is all to often the case , employees will take no action against them .

If you are off the clock you should not be doing your job , if you are then you are not covered by any insurance and liable to be terminated for falsifying your time card .

[Batman25]

I'm not aware of this being common and it seems some others aren't either. If this is happening a lot with your staff it is time to pull in the reins. If they aren't willing to do things within their scope they need to be fired. Simple as that.

[Batman25]

And pls don't work off the clock. You get hurt you aren't covered and if something happens with a patient you also have no liability coverage during that time. I don't care how many facilities and people do it. You don't do it.

[xoemmylouox, ASN, RN]

Well I have to say from experience that many employers try to get you to do things out of your scope of practice or things that do risk your license.. I am facing this right now, and you betcha I put my foot down and said no!