Way OT: employment question

[Karen J]

Sorry this is so far off topic but I figured since there are a wide range of people on this forum I could get some good information. I am a nurse that works for a hospital owned by a large company. Our patient census varies greatly so it is not uncommon for us to take required call days and even mandatory overtime. Recently we were informed that we would be contacted by text message when we are off work for any staffing issues. We will be responsible for the content of the text message and need to respond in a timely manor. Basically, we need to have our cell phones with us 24/7. This is not considered call time just expected of us on our off time. I am not one who usually has my phone with me unless I am traveling. Have any of you heard of this? It seems that is like being on call 24/7 because I am responsible for that information. I have not received any texts yet but I know of some employees that have. Any thoughts?

Thanks,
Karen

[Lillie]

This does not seem like a reasonable expectation/requirement for an employer to have. I have a number of friends in nursing and none has work practices like this. It is one thing to have "on call" shifts which require you to be accessible, but it does not seem reasonable to mandate 24/7/365 "on call status". Are they planning on compensating you for essentially being "on call"? Practically speaking, how do they mandate that you a) have cell phone and a text plan, b) constantly have your phone with you, and b) stay within coverage areas? Also, does this violate any of your state's labor practice laws (or union contact if you are unionized)?

[Barbara]

ditto everything that Lillie said!

My question is... what happens if you simply go to the boss and say you can't do it? Will they fire you? If so, then the question becomes... how badly do you need that particular job?

Good luck. I know I wouldn't be happy at all if someone changed my job description so drastically and so suddenly!

[Karen J]

There is no compensation for this time and we are paid hourly. A coworker is checking into the legality of this and frankly I am not sure how much they will inforce it. I was very curious if this was starting to be a common practice for employers. Thanks for your replies.

[JJ's Mom]

But - -

Would you even expect to be receiving a text of any sort unless you were due to start a shift within the next couple/few hours?
As you know, traditionally most staffing decisions are made within an hour or two of the shift starting. In theory, couldn't a person just check her/his phone before getting in the shower to make sure s/he hasn't been "called off"? Are they really saying that they plan to possibly send you a random text message "mandating" you (to come in) when you're not on call? [I would tend to think that's NOT the case....I know anything's possible, but this sounds a LITTLE bit like hype]

Now I'm not saying any of this is "right" as far as the practice goes...unless having a cell phone with a texting plan that includes YOU paying for receiving text messages from your employer and also ALWAYS being on-call is part of an agreed-upon condition of your employment (and we know that's not the case). I'm just saying hopefully people are being sensible and not over-reacting. First thing to do is read the policy for yourself. Were it me, I would not go along with the "hype", but sit down and read the policy and respond in a calm and rational manner personally to your direct supervisor.

Possibly most importantly - - are you an "at will" employee? If so, my understanding is that they have a lot of leeway to change their policies as they see fit, within applicable laws, of course.

I hope it's not as bad as it seems/sounds!! I'd be interested to hear what you find out.

[JJ's Mom]

For those who have already received such texts, what was the nature of them? Were they called off, or mandated to come in when not on call?

You must not have a "nursing shortage" in your area, 'cause this is crazy!

My position is strictly per diem, but that was MY choice!!! [And there isn't anyone texting me and requiring me to answer!]

[Karen J]

I am a full time employee and I did read the policy. It will be used to notify staff if there are opportunities to work or if they need staff more urgently. These texts can come 24/7 (365) and the expectation is that the employee is responsible for content and respond promptly. Evidently this is legal but not sure if they can force staff to come in. We have had several mandatory shifts in the last 6 months so I think partially they want to avoid "missing" staff at home when they call. It will be interesting to see how it all works in the coming months.

[elfkin]

This does not seem like a reasonable expectation/requirement for an employer to have. I have a number of friends in nursing and none has work practices like this. It is one thing to have "on call" shifts which require you to be accessible, but it does not seem reasonable to mandate 24/7/365 "on call status". Are they planning on compensating you for essentially being "on call"? Practically speaking, how do they mandate that you a) have cell phone and a text plan, b) constantly have your phone with you, and b) stay within coverage areas? Also, does this violate any of your state's labor practice laws (or union contact if you are unionized)?

AGREE!

[ahbuhji]

It sounds to me as if you have been conditioned to believe that your entire life revolves around your job! The first thing that you need to do is to take your life back. You are a nurse and that makes you is a health care proffessional, not an at will robot! Just because everyone is expected to accept this type of work atmosphere, does not make it right. Did it ever occur to your bosses that maybe this is why your field has such a shortage of staff? You have to have a balance in life. If you do not, you will eventually burn out!If the system at your job has failed, then you may want to drop an anonymous letter to the state proffessional boards about what is going on where you work. I am not saying that your situation is isolated. I know alot of people that are nurses, my sister being one and they tell me the same thing. Have you ever thought about moving on to another job that would require a nurse on staff, such as a school or private practice? I hope your situation gets better real soon. Joe

[my3busyboys]

Wow, never heard of this and I've worked at 7 hospitals in our area.
Are you union? I'm assuming no because this would have to be written into the contract.

Also, sending text messages is dependent upon the sender. How are they going to prove they sent you a message? We have text messaging at work but basically I would have to do a screen print of every text message I send to prove I sent it. Many times the network hiccups or their battery was dead and it was never received (slightly different phones than cellphones, but similar).
We no longer have mandatory OT here, and we have a flexing census as well. For example I'm short 20 staff Wednesday and Saturday nights but probably we will cut people other days.

[Joanne]

I'm an RN and although it's been several years since I worked on the floor, this does not seem okay. I can see if it were a disaster situation that they can send out a mass text asking people who can to come in, but you are a hourly, non exempt employee. Even for exempt employees, there are limits. I might ask your state labor board or dept. of consumer affairs about this to clarify the legality of it. When I was the infection control nurse, I was salaried and being on call was not in my job description. And I left my beeper at work at the end of the day. I was starting to get calls at night, weekends,etc. for "emergencies" then the nurses would document in the charts that I wasn't responding! Boy, did I nip that one in the bud quick!
If it's just a general text that goes out to everyone asking who is available to respond, then it may be okay, but I don't see how they can hold anyone responsible for responding to texts when they can't even verify if someone receives them, it's not a call day, etc. I would certainly question it.