I have a question about nursing and labor relations/ legal issues?

My boss is leaving threatening messages on my phone machine, and writing notes that It is unacceptable to stay after your shift to get your work done. She states that even 15 minutes is too much. I work on a very busy Surgical floor, and it is not possible to get the work done in time. If you leave without doing something like charting, your license could be on the line. My fellow workers are punching out, and then going back on the floor to finish their work. They are doing this in fear of their job. I am refusing to do this because I refuse to work for free. I do not try to stay after, I would rather go home, but most of the time it is just not possible. Any suggestions?

If you stay over and are not an exempt employee, they must pay you for it. So the employer can discipline someone for not leaving on time.

Could you stop providing care earlier so you can get your charting done on time and if necessary explain to the patients why you are doing it?

First of all it isn't exactly professional for your boss to be leaving messages on your answering machine regarding a work related issue that she should really be speaking to you face to face about. There could possibly be some legal issues related to that but I don't really know. Also what you consider threatening may not be, legally speaking.

Secondly I would not be punching out then going back to finish my work. I do not work for free. And your co-workers should not be doing this. I understand that they have a fear of losing their jobs, but what is she going to do, fire all of you? Not likely. Besides, if all of you were fired, what would that say about her management skills? And of course there is a nursing shortage. I don't think the hospital would be too happy with that.

Now, if she has an issue with unsubstantiated overtime caused by lack of sound organizational and critical thinking skills or too much socializing behavior, then she has an obligation to talk to an employee about this (not by leaving phone messages) and formulating a plan and goals to assist with the development of these attributes. But if she is only concerned with the bottom line.....her budget......rather than how the system could be changed to facilitate a nurse being able to do his or her job without constant overtime, then this is not acceptable. As you know I'm sure, the suggestion that was written earlier to stop providing care in order to complete your charting and explain this to your patients is also not acceptable.......for moral, legal, and ethical reasons.

I don't know the laws of your state but you could contact the labor board and ask them about this and you can always go to your Human Resources department. But before I did either of those things I would set up an appointment to speak with her. What exactly are her issues and and does she have any particular issues with you and your nursing practice specifically. I would then explain to her why you do have overtime.

In case this doesn't help to resolve the issue, I would save the phone messages and keep a written record of your interactions with her. As soon as possible after any unfavorable dealings with her, write down exactly what was said as you remember it using quotes when possible, timed and dated. I really don't know all the legalities of this issue as I am a nurse not a lawyer. But maybe you could think about getting guidance from a labor lawyer if things don't improve.

Another place you might want to check out for assistance, if not just for moral support, is the website allnurses.com. There are other things there you would probably find interesting related to all aspects of nursing.

Unfortunately it's things like this that contribute to the shortage of nurses. Good luck!