When a nursing home shuts down.

Nurses General Nursing

Published

A ltc nursing facility gives 30 days notice that it is closing. Here are some of the demands it is making. Relocate to another facility 120 miles and take a job it is offering there or 1. lose your PTO 2. lose your severence 3. no use applying for unemployment because you were offered another job and you did not take it. This is the short list of the dirty tricks they are pulling but I am wondering if these items can be contested.

Specializes in ICU, Telemetry.

When you are a computer engineer, that is frequently what happens when your company is bought out -- I was "sold" and told if I wanted a paycheck, I had to relocate 750 miles; if I didn't, then I would not be paid for unused vacation time, etc., received no severance package and would be considered a "no rehire" -- and of course the people 2 levels above me who didn't want to move to Texas got a "golden parachute."

If you did relocate, I think you'd find they really didn't expect you to take them up on their offer and the job could evaporate after a few months due to a"unexpected economic downturn," "right sizing" or the implementation of a "force reduction."

Up Vote Up Vote ×
Specializes in MDS/Office.

Oramar......Do you work for a LTC Corporation?

I'm concerned my LTC facility may be selling out...

Up Vote Up Vote ×
Specializes in Gerontology, Med surg, Home Health.

Wow. I saw this headline and thought it had to do with what happens to the residents when a facility closes.

Up Vote Up Vote ×
Wow. I saw this headline and thought it had to do with what happens to the residents when a facility closes.

They make them move 120 miles away and take all their PTO time, too. :down:

Up Vote Up Vote ×

Since PTO is an employee benefit that they didn't legally have to provide in the first place, it would be extremely difficult to defeat a sleazy employer if they want to beat you out of it. Now if you have a written employment contract which states how PTO is handled when your employment relationship terminates, or at the very least if your employee handbook and/or a Corporate policy & procedure manual which states how PTO is handled you might have some chance. But keep in mind most manuals etc have language that allows them to change policies at any time and your employer just gave you 30 days written notice of how they intend to handle PTO. If you had an employment contract chances you are probably in a union and they could help you. Otherwise, even if you had some written support, since State Wage and Hour/Labor Offices and State Employment Offices won't help you with benefit issues, you'll need attorneys and courts. You'll have no guarantee of winning and for many folks when you consider time away from your new job, the cost of lawyers and the emotional distress, after Uncle Sam and the state get their share it's just not worth it. If you DO have some written support for your position you might bring it along with the notice your company sent you and see what a local employment attorney has to say. If they feel you have a case you may be able to split costs with your coworkers.

Severence pay is similar. Once again,employers have no obligation to provide severence in a case like this unless they said they would in writing. Some states have laws which spell out what severence is, how it is to be paid and how receiving it will effect your unemployment benefits, but if your employer says you don't have any coming because they are offering you employment in another facility, you're looking at a court fight again.

There may be better news regarding your unemployment benefits. Unfortunately, your employer is not the first to play the sleazy game of offering employment at a location so far away you'd be hard pressed to accept in an attempt to avoid getting a ding on their unemployment insurance rates. Some states have actually spelled out exact distances when they consider whether or not you must accept the job offer or lose benefits. It'll be somewhere around 30-50 miles. Or they might specify that it can be no more than an extra hour and a half driving time. Bottom line is I don't think a job offer 120-150 miles away is gonna fly, so you will probably collect your unemployment eventually. Unfortunately, your employer is likely to contest this which may delay your payment. They could possibly even bring it to court/appeal after they lose in the unemployment system, but probably won't take it into the courts because of the cost and they likely knew going in that 120 miles is too far away even if your state doesn't spell out an exact distance.

Up Vote Up Vote ×
Specializes in Med/Surg, Academics.

Some states require payment of PTO to the employee after termination. Some states have regulations on the book for employer relocation r/t unemployment benefits of the employee.

As for severance, that is completely up to the employer, I believe.

You really need to talk to a state government employment office, as others have mentioned. In your state, what the employer is doing might be perfectly legal. In others, it may not be. Either way, your situation really blooooows.

Up Vote Up Vote ×

otherwise, even if you had some written support, since state wage and hour/labor offices and state employment offices won't help you with benefit issues, you'll need attorneys and courts.

forget that part of my previous post. some states have some protections in their labor laws for these situations because they basically consider accrued vacation and pto as wages that must be paid while still others consider only a portion payable because pto is actually a combination of sick time, holiday pay and vacation pay. so if you live in some states, their offices might be able to help you without having to go to court. so ask them when you ask the other questions.

Up Vote Up Vote ×
Specializes in Nursing Supervisor.

Some states have actually spelled out exact distances when they consider whether or not you must accept the job offer or lose benefits. It'll be somewhere around 30-50 miles. Or they might specify that it can be no more than an extra hour and a half driving time.

Call your unemployment office and ask. Here in MI you are not obligated to accept an offer if it is more than 50 miles driving. If you decline an offer more than 50 miles away they don't deny benefits.

As for the PTO and everything else, check with your Dept. of Labor. There are laws regarding these issues for your state, but you may have to do some digging and inquiring to learn them. Doesn't sound kosher to me, but I'm not an expert :)

Up Vote Up Vote ×
Specializes in ICU, Telemetry.

Don't know with healthcare, but because our entire division was transferred (like your entire NH, presumably?) we were told to report, resign, or be considered absent without report -- 3 of those kind of absences and you were automatically fired. That's how BellSouth got rid of hundreds and hundreds of people before the whole shebang was bought by AT&T without having to pay severance packages.

I just hope some of the nimrods who cheated people out of their retirements who were just days away from making their 30 year anniversary were on the receiving end of a BIG dose of karma when AT&T came calling...

Up Vote Up Vote ×
+ Add a Comment