can I be forced to come in on my day off?

[TheGeekess]

I live in TN.
Had to switch to pc because mobile would not let me actually post properly. Sorry.
I am a PRN employee at a major hospital. My contract states that I am PRN, per diem. The company policy states that I be available to be scheduled for 16 hours per pay period. I have been scheduled for that amount and available for more than double that each pay period since my employment 2.5 years. In addition, I take call rotation in the same quantity as a full time employee. Today, I was sent a text message to my cell phone on my day off stating I had to attend a meeting at 5pm on Tuesday next week. I checked with my child care provider and they are not available that day, at which point I texted my immediate supervisor that I could not attend. She simply texted me back that her boss stated it was mandatory. So, I have a meeting with him tomorrow about this meeting that hasn't been on a schedule for the entire month its been posted. Glad I take a picture of the schedule when it is finalized. I just want to make sure I can't really get fired for not being able to attend, or should I be really hateful and bring my three kids I have no child care for? What do I say if he says too bad I don't have childcare? I can see that happening or I wouldn't be asking. I work for a major nationwide healthcare org. .

Thanks for the info. I guess I will just have to suck it up and take whatever he wants to dish out regarding the meeting. I guess if he makes it clear that disciplinary action will take place if I can't attend, I will have to tell him I will take it above him and write an email to the effect of the issue with my attempts to comply but inability to do so because of the short notice. Don't know what else to do. I have never been written up, seldom tardy, and out three times in 2.5 years for illness. Good employment record, so hopefully they will work with me.

Yes, tell the hospital that. They won't be impressed with your attitude or your definition of 'short notice'.

 

[cbg]

"Per diem" does not and never has meant that you can only be scheduled for x shifts a week. Nor does your "availablity" have any legal authority.

Barring a legally binding and enforceable contract (contract does NOT mean company policy) that expressly and in so many words says, You will work these shifts, nothing but these shifts, and in no way shape or manner can you be disciplined for refusal to work any other shifts (and such a clause is exceedingly rare), your employer and no one but your employer decides your schedule. Your availabilty is requested, when it is requested, as a courtesy, but your employer has no legal obligation to adhere to it.

 

[commentator]

Seriously????
Wow! I was under the impression that since my availability was completely used they couldn't force me beyond that.
Very interesting. Per diem doesn't mean what it used to. Thanks for the info. May have to talk to someone local about that.

Okay, I'm going to be as local as anyone you're going to find. And what everyone is telling you is true. They can demand you come in, regardless of how many hours you've worked, what your definition of per diem may be, or what their company policy is. They do not even have to follow their own company policies. Tennessee is a very employer friendly state, surely you've heard our state legislators brag about this.

And if you are fired, your chances of getting unemployment benefits are very slim. Because they don't consider child care arrangements, or your inability to find other child care on short notice to be a legitimate reason not to come in when the employer asks it. It's a personal thing, and you're supposed to deal with personal things and be on call on demand just about any time the employer might demand it. They are legally supposed to pay you for all the hours you work, at least minimum wage, but that's about it for Federal labor laws, and Tennessee certainly doesn't make them more restrictive to protect its employees.

 

[saminalham]

Well, I told him of my dilemma and he said bring the kids because he thinks the meeting is important enough to attend. I'm glad he was willing to compromise. So, the situation is resolved. Thank you for advice. I now think that my immediate supervisor was just trying to push a button I exposed to her so I will not let that happen again. I am glad I asked and you were honest with me everyone.

 

[Zigner]

Thanks for the info. I guess I will just have to suck it up and take whatever he wants to dish out regarding the meeting. I guess if he makes it clear that disciplinary action will take place if I can't attend, I will have to tell him I will take it above him and write an email to the effect of the issue with my attempts to comply but inability to do so because of the short notice. Don't know what else to do. I have never been written up, seldom tardy, and out three times in 2.5 years for illness. Good employment record, so hopefully they will work with me.

I just wanted to point out that you could be terminated for these things too (the act of threatening to go over his head or actually going over his head.)


I know your situation is resolved, congrats.

 

[disneykid52]

What happens if they call you and you dont answer your phone? (either you were out or if you had a cell phone and you were in a non service area at the time they called you to come in).

 

[Zigner]

What happens if they call you and you dont answer your phone? (either you were out or if you had a cell phone and you were in a non service area at the time they called you to come in).

Then she could be terminated for missing the meeting.

 

[Silverplum]

What happens if they call you and you dont answer your phone? (either you were out or if you had a cell phone and you were in a non service area at the time they called you to come in).

I've heard that the earth opens up a single gaping hole under your feet and closes up over your head.



Doesn't matter: the employer sent a text message several days in advance. The issue is resolved. There's no point in your "wondering."