Legal Question in Employment Law in Texas

My wife is a LVN (licensed vocational nurse) in a retirement home in Dallas, Texas. Her management is putting lot of pressure and threats telling her not to do over time. She doesn't want to do over time but they are short staffed and they don't provide any help (med-aid) during her shift (2pm to 10:30pm). Other nurses have additional staff to help her during their shifts. Given the amount of job and no additional staff she is unable to avoid over time. Many times she works after clocking out unofficially to complete that day's tasks to avoid bad performance evaluation. But management keeps insisting the shouldn't work after clocking out. Can she be fired for working after clocking out? Does she have any legal remedy? The management have so far refused to provide her any help with staffing.


Asked on 8/03/13, 8:35 pm

1 Answer from Attorneys

That is a difficult situation because the company wants to have its cake and eat it too. Either they need the staff to perform the work or they need to pay for the overtime.

Your wife should not be working off the clock, ever. She is entitled to pay--and it seems overtime pay--for the time worked off the clock. She needs to talk to her manager about how the work is going to be completed and whether they want her to complete the work on the clock or go home with the work unfinished. She can also file a wage claim to recover pay for the work she has already performed off the clock. That is something that an employment lawyer like myself could help with.

As a practical matter, it sounds like your wife is going to bear the burden of the staffing decisions by either losing pay by working off the clock or by losing pay in the future on a bad performance review. Personally I think it is better to get paid today for work performed than hope for more money in the future, especially from an employer that has already signaled that it has poor management and staffing practices. However, I only know the facts provided in your question, a different conclusion may be advisable with greater knowledge of the situation.

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Answered on 8/03/13, 8:52 pm


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