I’m an NP who moonlights on a regular basis, but my employer is telling me it’s not allowed. Is it legal for them to deny me outside opportunities?
Monday June 1, 2009
E-mail to a friend
| 
Print This |
Select Text Size:
advertisement
I am an NP and work in a busy oncology practice that is part of a district hospital. I like to teach and belong to several speaker’s bureaus for pharmaceutical companies. I do commercial as well as contact-hour-providing programs. I do this on my own time — nights, weekends, or on vacations. Recently, I was approached by the business director and was told the hospital is prohibiting such activities. There was not one good reason given except that you cannot have a “contract” with another entity. The directives have not been put into written policies or even an e-mail.
Is this legal? Can they censor what I do on my own time? I do not belong to the pharmacy and therapeutics committee, and I am not influenced by the companies into using a particular product unless, of course, this product will help our patients, has efficacy, etc.
I enjoy my freedom and feel that this is restricting my rights.
Mariska
Many employers have a policy that employees cannot “moonlight” or do outside work. If it is allowed, there might be an approval process that the employee must complete before being allowed to do outside work. The process might involve a request in writing and providing information such as the number of hours the employee will work outside of his or her position and for whom the outside work is done.
Most often, such a policy should be in writing and included in the employee handbook so the employee is clear about this issue at the onset of employment. However, unless an employee is singled out while others continue with outside employment, a verbal directive is probably not prohibited.
Employers are often concerned that outside employment will conflict, or interfere, with the employee’s obligations and duties to patients. Additionally, potential liability concerns (e.g., patient care adverse events, influence on patient care decisions) also are identified as justification for such a policy.
If, however, you believe you may be being treated differently in this situation from other employees, a consultation with a nurse attorney or attorney who works with employees would be helpful in identifying what rights, if any, you have to challenge this position. One can always grieve a decision that affects employment, but it is not clear if such a grievance would be successful, depending on who is involved in reviewing the grievance and making a determination. In this instance, for example, is the business manager in the administrative hierarchy able make decisions about patient care issues? Your attorney can help you analyze his or her role and the success of attempting to remove this restriction.
Cordially,
Nancy
Nancy J. Brent, RN, MS, JD, is an attorney in private practice in Wilmette, Ill. This information is for educational purposes only and is not intended as legal or any other advice. The reader is encouraged to seek the advice of an attorney or other professional when an opinion is needed.
