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Overworked Issues

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RichBoy109

Junior Member
What is the name of your state (only U.S. law)? New Jersey.

Hello, My fiancé is a Ultrasound technician at a Hospital in NJ. She works an evening shift 3-11 PM M-F. She is very over worked! Generally most techs scan 5-8 patients a day maximum while she scans 15 or more a day. There is another tech who works the exact same shift as her who only scans between 3-5 patients a day. She has documented evidence that she does 3x what everyone else does on a daily basis. Would she be wrong to go to her bosses and say something about it? And if she does go to her bosses, can they fire her because of she said something?

She has been working at this hospital for 6 years now. Since they hired her they haven't hired anyone else. She is a full time employee.

I know that there isn't much protection from being overworked but this seems excessive.

Thank you in advance for your help!
 


CSO286

Senior Member
What is the name of your state (only U.S. law)? New Jersey.

Hello, My fiancé is a Ultrasound technician at a Hospital in NJ. She works an evening shift 3-11 PM M-F. She is very over worked! Generally most techs scan 5-8 patients a day maximum while she scans 15 or more a day. There is another tech who works the exact same shift as her who only scans between 3-5 patients a day. She has documented evidence that she does 3x what everyone else does on a daily basis. Would she be wrong to go to her bosses and say something about it? And if she does go to her bosses, can they fire her because of she said something?

She has been working at this hospital for 6 years now. Since they hired her they haven't hired anyone else. She is a full time employee.

I know that there isn't much protection from being overworked but this seems excessive.

Thank you in advance for your help!

Yours isn't a legal issue. She can go to her superiors with her concerns, and they could fire her. Google "at will employment".

They could also fire her for wearing pink scrubs or blue scrubs or for having blue eyes.
 

Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? New Jersey.

Hello, My fiancé is a Ultrasound technician at a Hospital in NJ. She works an evening shift 3-11 PM M-F. She is very over worked! Generally most techs scan 5-8 patients a day maximum while she scans 15 or more a day. There is another tech who works the exact same shift as her who only scans between 3-5 patients a day. She has documented evidence that she does 3x what everyone else does on a daily basis. Would she be wrong to go to her bosses and say something about it? And if she does go to her bosses, can they fire her because of she said something?

She has been working at this hospital for 6 years now. Since they hired her they haven't hired anyone else. She is a full time employee.

I know that there isn't much protection from being overworked but this seems excessive.

Thank you in advance for your help!

I suggest you let her handle her own business and mind your own. Really.
 

RichBoy109

Junior Member
Yours isn't a legal issue. She can go to her superiors with her concerns, and they could fire her. Google "at will employment".

They could also fire her for wearing pink scrubs or blue scrubs or for having blue eyes.

Thank you. If they fire her for any of those reasons, does she have a legal leg to stand on?
 

cbg

I'm a Northern Girl
Thank you. If they fire her for any of those reasons, does she have a legal leg to stand on?

No, she wouldn't.

This is not a legal issue. This is an issue between she and her employer. There is no law prohibiting her from raising the issue with her superiors; there is no law requiring her employers to take any notice of her her concerns and no law that would prohibit them from firing her.

However, I am not saying that they will not take any notice or that they will fire her. I have no way of knowing what, if any, action they will take. I can only tell you what the law says, or, more accurately in this case, what it does not say.
 

Just Blue

Senior Member
You don't have to be rude, I am not familiar with legal issues that's why I came here. And she asked for my help. Please don't reply anymore.

Zig was NOT "rude". And you don't have the ability to order who comments on this forum. Your GF should ask her own legal questions. :rolleyes:;)
 

RichBoy109

Junior Member
No, she wouldn't.

This is not a legal issue. This is an issue between she and her employer. There is no law prohibiting her from raising the issue with her superiors; there is no law requiring her employers to take any notice of her her concerns and no law that would prohibit them from firing her.

However, I am not saying that they will not take any notice or that they will fire her. I have no way of knowing what, if any, action they will take. I can only tell you what the law says, or, more accurately in this case, what it does not say.

Thank you! I am reading my collective bargaining agreement (yes I am in a union and I am in New York.), and I noticed a lot about discrimination. Here is an excerpt from mine:

"All forms of illegal discrimination, including discriminatory harassment, are prohibited at the XXX, which is committed to maintaining a working environment free from discriminatory harassment, whether based on religion, race, creed, color, sex, sexual orientation, alienage or citizenship status, national origin, age, marital status, handicap, disability, qualified veteran status or any other characteristic protected by law. It is a violation of law, and expressly against XXX policy, for any employee, or other person over whom the XXX has control, to engage in any conduct that denigrates or shows hostility or aversion towards an individual because of his or her religion, race, creed, color, sex, sexual orientation, alienage or citizenship status, national origin, age, marital status, handicap, disability, qualified veteran status or any other characteristic protected by law, and that (i) has the purpose or effect of creating a hostile working environment, (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance or (iii) otherwise adversely affects an individual’s employment opportunities or working relationship with the XXX. "

I didn't think of it before but after reading that, it reminded me that her direct supervisor as well as the employees that work the least are all the same nationality and get a lot of preferential treatment. Over time and Holiday selections and various other things are supposed to be based on seniority, are always given to them first then everyone else. At the end of the day its not 100% blatant but if someone outside reviews the records, they will agree that there is a lot of preferential treatment.

Would that possibly be considered discrimination?

I would really like to thank you all for our input! She isn't sure what she wants to do yet, shes trying to figure out her best course of action.

Thank you all again!
 

Eekamouse

Senior Member
Tell her to look for another job if she's not happy where she is working now. She should stop concerning herself with how much work she does compared to others and just be glad she working at all in this economy. Seriously. And stop looking at this in terms of what's "fair" because fair is pretty irrelevant in the working world.
 

Proserpina

Senior Member
Thank you! I am reading my collective bargaining agreement (yes I am in a union and I am in New York.), and I noticed a lot about discrimination. Here is an excerpt from mine:

"All forms of illegal discrimination, including discriminatory harassment, are prohibited at the XXX, which is committed to maintaining a working environment free from discriminatory harassment, whether based on religion, race, creed, color, sex, sexual orientation, alienage or citizenship status, national origin, age, marital status, handicap, disability, qualified veteran status or any other characteristic protected by law. It is a violation of law, and expressly against XXX policy, for any employee, or other person over whom the XXX has control, to engage in any conduct that denigrates or shows hostility or aversion towards an individual because of his or her religion, race, creed, color, sex, sexual orientation, alienage or citizenship status, national origin, age, marital status, handicap, disability, qualified veteran status or any other characteristic protected by law, and that (i) has the purpose or effect of creating a hostile working environment, (ii) has the purpose or effect of unreasonably interfering with an individual’s work performance or (iii) otherwise adversely affects an individual’s employment opportunities or working relationship with the XXX. "

I didn't think of it before but after reading that, it reminded me that her direct supervisor as well as the employees that work the least are all the same nationality and get a lot of preferential treatment. Over time and Holiday selections and various other things are supposed to be based on seniority, are always given to them first then everyone else. At the end of the day its not 100% blatant but if someone outside reviews the records, they will agree that there is a lot of preferential treatment.

Would that possibly be considered discrimination?

I would really like to thank you all for our input! She isn't sure what she wants to do yet, shes trying to figure out her best course of action.

Thank you all again!

Oh hon, you do not want to go down THAT road.

Discrimination for the most part is legal.

When it's not legal is when it is based on a protected characteristic.

Please do yourself a favor - don't sit and try to figure out if she can use that to help herself because it won't end well.
 

RichBoy109

Junior Member
Oh hon, you do not want to go down THAT road.

Discrimination for the most part is legal.

When it's not legal is when it is based on a protected characteristic.

Please do yourself a favor - don't sit and try to figure out if she can use that to help herself because it won't end well.

Thank you all for all this information. I guess that I should count myself lucky that I work at a job where I have some "power" so to speak, whereas she has none if anything happens.

Please close this thread.
 

Chyvan

Member
If they fire her for any of those reasons, does she have a legal leg to stand on?

It would only help her for purposes of unemployment benefits. Complaining to your employer that you have more work assigned to you than others and being fired for it would not rise to the level of misconduct. However, they are perfectly free to say, "go back to work."
 

commentator

Senior Member
Your fiancé has a fairly common workplace problem. And it is probably stressing her out terribly. But as you have been told, there's nothing that would stop her employer from firing her if she were to go to them and complain. She would probably be able to get unemployment for a while if they fired her for a non misconduct reason. But unemployment is no substitute for a good job.


There's a very small likelihood that if she quits the job due to this situation, she'd be approved for unemployment benefits. Because the first question they ask is "What did you do to attempt to solve the problem before you quit. Had you exhausted all reasonable alternatives to quitting before you quit the job?"

Likewise if your girlfriend was thinking about a discrimination complaint. (Which incidentally it doesn't sound like she has much of one at all at this point.)She files a complaint with the EEOC, and the employer says, "We were given no opportunity to solve the problem, we were not even aware that there was a problem."

Has your girlfriend mentioned this issue to her slow co workers? Has she ever said something like, "Here, Mary, why don't you do the next two, since I've done so many tonight?" Or why doesn't she just control her pace a bit, so there was more for the others to do? I have frequently seen situations like this.

Some people are just natural "get 'er done" people. They'll keep up jumping up and getting another client, will take full responsibility for getting everything done, and will keep at it, keep doing more than they reasonably should be doing until they're hopelessly behind, and unfortunately sometimes, making errors.

And of course if someone just keeps taking on more and more, the other people in the work group are grinning with glee. She seems to want to do this so badly, we'll let her! And meantime, the overworker is getting madder by the minute, and the others will, if the supervisor comes by, carefully arrange to make a passing effort to look as though they're doing their share. So this first person is working herself into a froth, and it's not fair and it's not right, and you know what? The patients are getting seen, so the supervisor is happy, and the overworker is the only one who gets upset about this whole thing.

She needs to get a little smarter about controlling her workload. It's not her problem if the patients don't get seen in a timely fashion, and have long wait times. She's doing her best. If that's more than she can do, or if the others aren't carrying their weight, it's the supervisor's problem. If she wasn't willing to pitch in and do the extra work just because, the supervisor would either have to hire more staff or make sure every member of the staff was doing more of their share.

Yes, she can talk to the supervisor, but she should do it soon, before she gets any madder, and without demands, anger or threats (which she has none, you now know.) She might just mention that she feels she is doing a lot more of the scans than the other members of staff, and that she feels the work distribution system may need some adjustment. Of course she shouldn't indicate that her co workers are lazy slackers, or that she's so mad she's about to quit. They will not want to lose her if she is a good employee, and she now knows what her choices are. Either work the situation out internally or find another job. Because no, they don't have to be fair, and yes, they could fire her legally for about anything, including complaints about her job.
 
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ecmst12

Senior Member
If she's able to scan 3x as many patients as the other tech in the same amount of time, then she excels at her job. She's not being punished, her skills are being used to their capacity, and she is showing her employer how valuable she is. And when she's ready, she can take her exceptional skill and find another job which might be less stressful or pay better or have better hours etc, IF that's what she wants. She doesn't have the right to ask to be given less work than she is able to complete (so she can sit around doing nothing for longer?) and her coworker to be given MORE work than she is able to complete in the hours worked. Well, she could ask but it would make her look extremely petty and foolish to her boss, and like a much less valuable employee.
 

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