Question

Abuse of authority with mandated OT

Asked 5 February 2013 · 1 answer

The question

State: TX.

Case scenario: medical records staffing being mandated for OT. Not taking into considerations the burdening of the associates' lives with families, school, etc., the hospital is implementing mandatory OT for medical record staffing. Agenda: To catch up before going "live" with EMRs and then they plan on LAYING OFF these very associates. Is THIS LEGAL or is there legal terminology/cases for such neglect, abuse, and misuse of authority? STATE OR FEDERAL?

From the LawyerCentral forum archive. Originally posted 5 February 2013 on a legal forum that has closed. Names and contact details were removed. See the original (Internet Archive).

1 answer

Visitor answer 11 March 2013

I think you want to bring this case under Texas state law first. Federal law permits mandated OT as long as they pay you for it. Texas law restricts mandatory OT for certain areas of employment (I don't have that information in front of me).

As for termination, employers are allowed to fire employees as long as it is not an illegal reason. The list of illegal reasons are small: discrimination, retaliation, requiring employees to perform illegal actions, family and medical Leave, contract violations, and/or violation of the company's own termination procedures.

I am not a lawyer. Please speak with an employment attorney for legal advice.

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