JackofNone Posted November 26, 2020 Share Posted November 26, 2020 Hi all. I hope everyone is faring well through these crazy times. I have a few things I’d appreciate any advice on from those of you who have time. Last year I relocated to Colorado from out of state. I screwed up by not having a contract signed before making the physical move. The doctor kept saying he would get it to me and I was so busy packing and arranging things to be able to be in Colorado on time ( he gave me a start date of 3 weeks) that I didn’t press for the contract to be sent before the move. It was a mistake and I have learned a great lesson from it. I will never ever be so naive again. My contract did state that I was supposed to start December 2. However, I didn’t actually start working until the first week of January due to setbacks in the construction of this brand new clinic. My first question is should I have been paid for that month? I never asked for relocation allowance so I don’t have any room to wiggle there. But I also was out an entire month of pay just waiting around after I was just rushed to move. Over the phone I was promised a $300 monthly stipend for health insurance. That never happened and was intentionally left out of my contract despite the verbal agreement over the phone. When I approached my supervising physician he stated that he could not afford to honor any type of health insurance, even a stipend. I have since approached him numerous times over the last 12 months and it’s the same answer. Do I have any legal ground to stand on to try to get backpay for what was promised over the phone? I am an hourly wage employee at an urgent care and often work over 40 hours a week. To my understanding I should be getting paid time and a half for any hours going over 40 per week. Does anyone know this to be untrue? I can’t seem to find anything negating that. My last question is about paid time off. For anyone who has resigned from a position in the past, should I expect to be paid in full for my accrued paid time off? This position has turned out to be one of the most unsafe places I have ever worked. I have reported staff that has been doing drugs while on the job throughout the entire shift. I’m not exaggerating when I say this person steps outside and smokes weed around 6 times per shift. She is a rad tech and the number of mistakes made by her is unreal. I have reported sexual-harassment from the male front desk. All of the staff is incredibly insubordinate to a degree I’ve never seen, including coming in sometimes 90 minutes late to work on a 12 hour shift. We only have 6 employees and it is a damn zoo. I have stories of things that would make your head spin. On top of everything, we are to this day still bringing in known positive Covid cases and circulating them throughout the waiting room and clinic without any protocols in place aside from wiping down surfaces. I have attempted to make Covid protocols for my clinic as I was appointed the OSHA officer. Not only do my protocols not get any traction, my supervising physician has taken down simple signs just asking patients to even wear a mask. We are an incubator and we are not helping but are instead harming by very likely spreading the virus during this pandemic. Quote Link to comment Share on other sites More sharing options...
Cideous Posted November 26, 2020 Share Posted November 26, 2020 1. Why am I not surprised this is an Urgent Care.... 2. Are you being paid as an hourly employee or independent contractor? i.e. are they taking out social security taxes etc? 3. You are hosed on the PTO, my advice is take it before you put your notice in. 4. Speaking of notice, how long is your required notice? Ok who wants to tell her? I guess I will............Is your doc providing your Malpractice coverage? If so do you have a copy of the declaration page? Is it occurrence or claims made? If claims made, is it written in your contract that he will pay the tail? If not.....I have some really bad news for you based on what this guy sounds like.... Quote Link to comment Share on other sites More sharing options...
Moderator LT_Oneal_PAC Posted November 26, 2020 Moderator Share Posted November 26, 2020 2 hours ago, Cideous said: 1. Why am I not surprised this is an Urgent Care.... 2. Are you being paid as an hourly employee or independent contractor? i.e. are they taking out social security taxes etc? 3. You are hosed on the PTO, my advice is take it before you put your notice in. 4. Speaking of notice, how long is your required notice? Ok who wants to tell her? I guess I will............Is your doc providing your Malpractice coverage? If so do you have a copy of the declaration page? Is it occurrence or claims made? If claims made, is it written in your contract that he will pay the tail? If not.....I have some really bad news for you based on what this guy sounds like.... Yeah, this is bad. Agree with all cid said. OP, this probably goes even deeper than you know. You need to get out now before your get your licensed flushed down the crapped because of some illegal opioid prescribing or some other raid on this clinic. Quote Link to comment Share on other sites More sharing options...
Administrator rev ronin Posted November 27, 2020 Administrator Share Posted November 27, 2020 6 hours ago, JackofNone said: Hi all. I hope everyone is faring well through these crazy times. I have a few things I’d appreciate any advice on from those of you who have time. Last year I relocated to Colorado from out of state. I screwed up by not having a contract signed before making the physical move. The doctor kept saying he would get it to me and I was so busy packing and arranging things to be able to be in Colorado on time ( he gave me a start date of 3 weeks) that I didn’t press for the contract to be sent before the move. It was a mistake and I have learned a great lesson from it. I will never ever be so naive again. My contract did state that I was supposed to start December 2. However, I didn’t actually start working until the first week of January due to setbacks in the construction of this brand new clinic. My first question is should I have been paid for that month? I never asked for relocation allowance so I don’t have any room to wiggle there. But I also was out an entire month of pay just waiting around after I was just rushed to move. Over the phone I was promised a $300 monthly stipend for health insurance. That never happened and was intentionally left out of my contract despite the verbal agreement over the phone. When I approached my supervising physician he stated that he could not afford to honor any type of health insurance, even a stipend. I have since approached him numerous times over the last 12 months and it’s the same answer. Do I have any legal ground to stand on to try to get backpay for what was promised over the phone? I am an hourly wage employee at an urgent care and often work over 40 hours a week. To my understanding I should be getting paid time and a half for any hours going over 40 per week. Does anyone know this to be untrue? I can’t seem to find anything negating that. My last question is about paid time off. For anyone who has resigned from a position in the past, should I expect to be paid in full for my accrued paid time off? This position has turned out to be one of the most unsafe places I have ever worked. I have reported staff that has been doing drugs while on the job throughout the entire shift. I’m not exaggerating when I say this person steps outside and smokes weed around 6 times per shift. She is a rad tech and the number of mistakes made by her is unreal. I have reported sexual-harassment from the male front desk. All of the staff is incredibly insubordinate to a degree I’ve never seen, including coming in sometimes 90 minutes late to work on a 12 hour shift. We only have 6 employees and it is a damn zoo. I have stories of things that would make your head spin. On top of everything, we are to this day still bringing in known positive Covid cases and circulating them throughout the waiting room and clinic without any protocols in place aside from wiping down surfaces. I have attempted to make Covid protocols for my clinic as I was appointed the OSHA officer. Not only do my protocols not get any traction, my supervising physician has taken down simple signs just asking patients to even wear a mask. We are an incubator and we are not helping but are instead harming by very likely spreading the virus during this pandemic. The generic answer is, "If you think you may need a lawyer, you probably needed one some time ago" 2 Quote Link to comment Share on other sites More sharing options...
mgriffiths Posted November 28, 2020 Share Posted November 28, 2020 On 11/26/2020 at 2:08 PM, Cideous said: 3. You are hosed on the PTO, my advice is take it before you put your notice in. This is completely based on the state and how PTO is accrued. In my state (MI), if your PTO is accrued with each paycheck then your employer is required to pay it out in full. If it is a bank that does not accrue then it is the employer discretion and based on any precedent they have set previously. I mention only because OP needs to look into the employment laws in CO. Obviously getting a lawyer is probably a good idea. Quote Link to comment Share on other sites More sharing options...
Cideous Posted November 28, 2020 Share Posted November 28, 2020 I would be MUCH more concerned about the OP's malpractice tail coverage than PTO. 1 Quote Link to comment Share on other sites More sharing options...
ohiovolffemtp Posted November 28, 2020 Share Posted November 28, 2020 Every contract law presentation I've heard or lawyer I've spoken with has said that a verbal agreement isn't worth the paper it's printed on. Quote Link to comment Share on other sites More sharing options...
Moderator ventana Posted November 28, 2020 Moderator Share Posted November 28, 2020 1) get lawyer 2) quit 3) thank goodness you are out. Quote Link to comment Share on other sites More sharing options...
JackofNone Posted November 28, 2020 Author Share Posted November 28, 2020 (edited) Thank you all for your thoughtful replies. I appreciate your valuable time and will heed all the advice given. Thank you again. Edited November 28, 2020 by JackofNone Quote Link to comment Share on other sites More sharing options...
surgblumm Posted December 3, 2020 Share Posted December 3, 2020 All good answers but particularly Cideous' response as the opportunities for a catastrophe are abundant in Urgent Care because people do not understand the title. AS far as any other words about the contract and being pais--"If it is not written, it did not happen". Quote Link to comment Share on other sites More sharing options...
mmiller3 Posted December 9, 2020 Share Posted December 9, 2020 Where in Colorado is this? Quote Link to comment Share on other sites More sharing options...
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