Hi Joanna:

This is a difficult situation to be in.  Of course you can totally ignore them
(i.e. not acknowledge and not respond to them) especially if they haven't
contacted you in writing, and pretend they just don't exist and they may simply
go away for all we know.  At the same time they may not.  However, from a
reasoning standpoint my perspective is:

1.  You are no longer under contract and therefore not obligated to perform work
without being compensated for your time, particularly since they are asking you
to do so about 7 months later.  You may want explain to them in writing that to
the best of your knowledge you had completed all your work to the entire
satisfaction of your supervisor at the time.  And hence you are convinced that
you had fulfilled all your professional obligations at the time of your contract
completion.  In view of which you are not obligated to do any work on a "gratis"
basis.

At the same time if I were you I would include a written offer to the company,
stating that even though you are working elsewhere that given the circumstances
you are willing to make an exception for them and would be happy to come and
attend to any work they would like you to do on a weekend, even though it is
outside of the contracted period of your employment with them which ended on
_______, on a PRN compensation basis for your professional time. You could state
your hourly rate in the letter (or not).   If they agree to your offer, I would
also ask them to confirm their agreement (to compensate you) in writing, i.e. at
what rate they would compensate you and the outside limit of the total estimated
hours that you could bill them for.  This would keep you covered in case they
decide to renege on their commitment.  However, this may or may not work, one
cannot say.

2.  Is OT a regulated profession in your state?  If it is, you need to consult
with your state's regulatory OT organization to find out if you are obligated to
go back and complete hours of work from 7 months ago, without compensation.  You
will need to provide them with details as to the nature of the paper work.  They
will be in the best position to advise you.  However, please note that
ultimately the legal accountability for taking a position with the contracting
company will be YOUR'S, and not the the regulatory organization's.  The Canadian
province I live and practice in, the regulatory OT organization is the College
of Occupational Therapists of Ontario, and these kinds of legal questions, or
those of professional public accountablity are frequently checked with through
them.

3.  Incidentally, my suggestion to you is that if you do have such a  OT
regulatory organization in your state, then I may not frame my situation as you
have e.g. "which I almost always did", "my supervisor did nothing because she
was so stressed out", etc.  Because this might give the impression that you were
negligent in your responsibility because you did not get paid overtime.  And
therefore are indeed obligated to go back and complete your unfinished work.

Good luck, and it would be nice to know how this situation plays out,

Biraj



Joanna wrote:

> Hi,
>
> I have a question.  I've been contacted by a company I was working for as a
> traveling therapist.  I had worked at this particular facility from April to
> June 2001.  The reason I was being called was because there was paperwork I
> had not completed from May of 2001.  They tell me I have to do this
> paperwork, and I will not be compensated for my time.
>
> The company I had worked for was a contract company in the nursing home.
> They required that I bill out enough units to be 80% productive (which I
> almost always did) and get all my paperwork done.  At the time I was an
> hourly employee, and I was told I could not do any overtime.  I repeatedly
> told my supervisor that there was paperwork that was not getting done, but
> she was so stressed out with other issues going on at the facility at the
> time, she did nothing about the situation.
>
> So here�s my dilemma:  I have to be productive, I have to do my paperwork,
> but I can�t do any overtime.  So what is the solution?  Either the paperwork
> does not get done, or I work for free.  I did not pay tuition and take out
> student loans to go to college so that I would work for free.  I am a
> skilled employee and the way I make a living is by providing a skilled
> service.  Now they are telling me that I have to do this paperwork (months
> after the fact) on my own time and I will not get compensated for it.
>
> I am wondering if I have a leg to stand on to make a stink about this.
>
> Thanks for your help,
> Joanna =)


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