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Employment Law

I was hired as an RN at a hospital to work 36 hours per

Customer Question
I was hired as...

I was hired as an RN at a hospital to work 36 hours per week. I was placed on every weekend for 6 months. I was not hired as weekend status. What are my rights?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Would this be considered incentive pay and do I have the right to request this?

Submitted: 1 month ago.Category: Employment Law
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Customer reply replied 1 month ago
Request incentive pay as back pay
Answered in 1 hour by:
1/8/2018
Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,620
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Thank you for your post. Just to clarify, were you paid the agreed upon rate for all of the hours that you worked? Did you have a fixed term contract signed by both parties that locked in the terms and conditions of your employment (hours, days, pay, etc.), and, if so, how long is that contract in effect?

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Customer reply replied 1 month ago
I was paid as agreed upon but no contract was in place
Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago

Hello again and thank you for your reply. Based on the information you provided, you are, like most employees and employee "at will." That not only means that employers can terminate for any or no reason and with no notice, but it also means that an employer can set and change the terms and conditions of employment as they see fit.

This would include changing rate of pay (going forward from the notice to the employee), changing hours, duties, and days of work. Therefore, without a contract that guarantees hours, days, etc, your employer would be allowed to assign you duties whenever they choose. The fact that someone is hired with the agreement (not a contract) that they will work certain days or hours is not enforceable in any way and a change would not result in any special rights.

Sadly, this is very common since employers fill the needs they have with the employees they have in the way they think is best for the business (not the employee.) You can certainly ask for less weekend hours, but, other than telling them you will quit if you don't get what you want, your bargaining power may be minimal.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 9th. For some reason, the Experts are not always getting replies or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue,if needed. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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Customer reply replied 1 month ago
Thank you. This was very helpful to me
Employment Lawyer: Marsha411JD, Lawyer replied 1 month ago

You're very welcome. If you can take a moment and check the ratings box (should see 5 stars to pick from) and check them, then the Site will give me credit.

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Marsha411JD
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Satisfied Customers: 20,620
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Experience: Licensed Attorney with 29 yrs. exp in Employment Law

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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