Working as a nurse in Massachusetts is tough. I know, I was one. Most nurses enter the field because they have a deep interest in assisting others through the most difficult times of their lives. The challenge wish working in the nursing field, and one which is often a surprise to new nurses, is that the employer does not often have the same objectives (i.e., patient care) as the employee…the nurse. If you’ve experienced the evils of some employers, you’ll know exactly what I’m referring to: unsafe staffing, threats, retaliation, etc. Read some of Nurse Erica’s posts on Facebook if you want to see what others are going through.

Aside from the pressures of being a nurse in Massachusetts, Massachusetts nurses need to face bad behavior from some employers. When an employer’s bad behavior rises to the level of causing sleep loss, anxiety, panic attacks, or extreme frustration, and the nurse finds themself in the position of needing a lawyer, I believe as a former nurse I’m in a unique position to help.

One of the aspects of being an employee in Massachusetts, really any employee, is that you are in an inferior bargaining position. Put frankly….you need the money, you have yourself and perhaps a family to support, but, when you feel you are being wronged by your employer it becomes very difficult to stand up to them out of fear of a loss of that income, or a worse a loss of your income and your reputation being harmed when you go to your next employer.

When, or if, you find yourself in a position where your work as a nurse has become unbearable due to your employer pressuring you beyond a reasonable measure you need to contact an attorney.

Here is a list of common concerns that nurses have with their employers which may rise to the level of needing legal assistance:

Contract Issues

Some employees are contracted to work with their employers, or, even if they haven’t signed a contract, an implied contract may be inferred (this is an assessment best performed by a legal professional). Other nurses are employed as 1099 or independent contractors, even here, there are often issues that a lawyer should review for unfair provisions or incorrect classification of you as a 1099 employee.

For contracted nurses, non-disclosure agreements (NDA) are often a concern, where an employer is threatening the nurse with a lawsuit alleging violation of the NDA.

Massachusetts Wage Law Violations

Another major area which is often a source of litigation is wages. Frequently, employers will fail to pay overtime, not pay for leave, fail to provide for sick time, not pay wages, not pay wages times, fail to pay vacation time, and fail to pay the last paycheck timely.

If you are a nurse in Massachusetts and you think you’ve not been paid correctly, this is an area of the law which the Massachusetts legislature has taken very seriously…so seriously that damages for a violation can be up to three times the actual amount of damages. Contact an attorney for an assessment of your wage profile.

Discrimination

Nurses working in the Commonwealth of Massachusetts can be subject to discrimination based on age, race, gender, sexual orientation, or disability. Additionally, nurses may be harassed sexually, bullied or face a hostile work environment.

Termination in Massachusetts

Nurses who are fired because of retaliation or for discriminatory reasons are definitely in need of legal assistance and should contact an attorney to review their case.

Privacy

Employees are entitled to privacy in their private lives. Some employers go so far as to surveille their employees’ emails, location, phone or text messages, social media and even background checks. While some of this behavior by an employer may be called for, there are times where such behavior may cause damage to an employee and should be reviewed by an attorney.

Retaliation

Because of the nature of working as a nurse in Massachusetts, specifically, because of the many moving parts in a hospital, nursing home or other nursing environment, nurses commonly point out problem areas to the employer. Frequently, there are no issues when an employee complains about an issue at the workplace, however, there are times when the employer reacts to a nurse by demoting the nurse, terminating, creating an unsafe work environment, harassing or violating the law in an attempt to curb the nurse’s behavior. Any behavior as just described by an employer is intolerable and demands a conversation with a lawyer.

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The information provided in the pages and posts of this website are for general informational purposes only. The information presented on this site is not legal advice, and no attorney-client relationship is formed by the use of this site.