The long term care facility I work at is generally terribly understaffed and I've been made to wait 30 minutes for a replacement to arrive but generally there's been someone on the unit to count the narcotics with me so I can leave sorta on time. It's not like I'm staying late because I haven't finished my work, my work is done almost always by the start of shift report. Today I'm especially pissed off for having been made to wait 45 minutes for a replacement to arrive. The supervisor kept telling me that "they're on their way" implying they were running late, but in reality they weren't scheduled to arrive until 4. The supervisor then told me that I wasn't allowed to leave because I'd be abandoning patients and that it's only company policy that I leave at 3:15 so they don't have to pay overtime and that I'm there until there's a replacement available. My coworker let me go first and was still stuck when I was walking off the unit. The only reason I haven't called off tomorrow yet is because I"m not sure that I won't just start screaming over the phone.

Is there literally anything I can do about this? I already have an exit strategy of cutting my hours and finishing my BSN, but they've also been dragging their feet for the past few months making the process take extra long but the end is mostly in sight so outright quitting isn't on the table yet.

  • sovietknuckles [they/them]
    ·
    edit-2
    11 months ago

    The supervisor then told me that I wasn't allowed to leave because I'd be abandoning patients

    You're working for the amount of time that you're instructed to, and if you're hourly/non-FLSA-exempt, they must compensate you for all hours worked.

    and that it's only company policy that I leave at 3:15 so they don't have to pay overtime

    Oh yes they do. Company policy is not the law. If they don't pay you for the time you worked, file a complaint with your state's department of labor.

    • charly4994 [she/her, comrade/them]
      hexagon
      ·
      11 months ago

      I don't doubt they'll pay me for the time, but am I really allowed to just be told I"m not allowed to leave with my license on the line because they can't staff the place appropriately. What would stop them from just telling me I'm working until 7 and doing a full 12 hour shift or more?

      • KFCDoubleDoink [any]
        ·
        edit-2
        11 months ago

        but am I really allowed to just be told I"m not allowed to leave with my license on the line because they can't staff the place appropriately

        Most likely yes depending on the state you live in. Laws vary state by state so it is very hard to give an exact answer on this stuff without knowing the laws deeply.

          • KFCDoubleDoink [any]
            ·
            11 months ago

            Yeah at-will employment is awful and lets them get away with so much crap.

            If you can't risk your job at all then you're probably boned.

            If you don't mind risking a little bit you can push them and try to get them to concede to letting you leave on time. I'd text them in advance saying something like "My aunt had to return to work and I have to leave on time on X days otherwise there will be nobody to watch her child" and see how they respond. They'll either say ok or they'll say if you walk out you're fired.

            Even if they say "if you walk out you're fired" there's a decent chance you won't actually be fired for leaving at the correct time if they are understaffed. Hiring new people is a lot of work and if you are otherwise a good employee they would be stupid to fire you for this.

            Depends on how comfortable you are playing chicken with your job.

            • charly4994 [she/her, comrade/them]
              hexagon
              ·
              11 months ago

              I'm already about to give an ultimatum of "change my schedule so I can go back to school or I quit" so I think I'm already at my limit.

      • ElGosso [he/him]
        ·
        11 months ago

        Yes, they can tell you that, no, there is nothing stopping them from doing that. Your recourse is to quit and find a new job, unfortunately.

  • JuneFall [none/use name]
    ·
    11 months ago

    Honestly, it is bad in plenty places of the imperial core, including Norway, Sweden or Germany. But migrating to another country, or organizing (and workers' councils) are the only remedy I found in lieu of switching work places to often other problematic sectors.

  • Aryuproudomenowdaddy [comrade/them]
    ·
    11 months ago

    I assume all care givers in the U.S. get treated like shit. My aunt recently got bed bugs from her clients apartment and the managing company was telling her not to report it.

  • EnsignRedshirt [he/him]
    ·
    11 months ago

    It’s hard to tell what’s going on here without more details. Your recourse depends on your contract. How are you being paid, how is overtime handled, what professional obligations do you have to patients, etc.

    • charly4994 [she/her, comrade/them]
      hexagon
      ·
      11 months ago

      It's an hourly position, I'm scheduled to work 42.5 hours a week with 2.5 hours being a supposed paid lunch that I rarely actually get and instead get paid for. I get paid overtime for working >40 hours a week and usually average around 2.5 hours of overtime a week since I don't get lunch. Technically the only thing that needs to be done for patient care is having someone "responsible" looking over them. The nightshift nurse last night was in charge of >30 patients, usually there's a bare minimum of 2, so even having the supervisor or literally anyone come over to relieve us and sit there to respond to a medical emergency is all that's needed.

      • EnsignRedshirt [he/him]
        ·
        11 months ago

        They may be able to compel you to work longer hours if there’s no one to replace you, but every hour you spend on the clock should be paid, and every hour over your contracted time is overtime. If you’re being asked to stay late and not being paid, or if they’re trying to deny you overtime pay, that’s a clear violation of labor regulations. If you’re irritated they they can’t staff properly and are constantly asking you to fill in gaps, but they’re paying you appropriately, there’s less you can do about it. Some people are bad at management.

        Is the issue that you’re being denied wages/overtime for your hours, or that they’re bad at management?

        • charly4994 [she/her, comrade/them]
          hexagon
          ·
          11 months ago

          They're bad at management, the place has been hemorrhaging staff. I'm trying to get out and it can't happen fast enough.

          • EnsignRedshirt [he/him]
            ·
            11 months ago

            In that case, you’re probably going to have to ride it out until you can jump ship, but keep in mind that they need you more than you need them. Make sure you get paid for every extra minute and don’t do them any favors. If they’re fucking up the scheduling, point out that it’s costing them overtime. Don’t let them guilt you about patient care, you’re doing your job, it’s their job to resource properly.