abandonment laws

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    My wife is currently employed in a nursing home, as a cna. She is scheduled for 12 hour shifts. The don of this facility has on several occassions told her she has to work over,sometimes its 15 minutes and at times it is 16 hours total. Then to return the next day for a 12 hour shift. This is due to them not having proper staffing and scheduling, if she tells them she cant, which is not verry often,they tell her if she leaves after her scheduled 12 hour shift she will be terminated and her liscense pulled by the BON for abandonment of residense, due tio them not having night time staff.They force her to stay over and let their other employees go home to their family when they refuse to stay over. My worry is that she will become unemployed and not have a liscense if she sais no, is this legal for a employer to do as a nursing facility in oklahoma?:typing
  2. 7 Comments so far...

  3. 0
    I would contact your states board of nursing and ask, but it sounds like if she is only on the schedule for 12 hours then it is her CHOICE to stay and help or not past that point. Its not abandonment if she doesn't accept the assignment once her shift ends. And it is not her job to staff the unit. Only the Board of Nursing could tell you for sure about the certification issue, but I seriously doubt they could take away her certification in this instance. They sound like desperate bullies to me.
  4. 0
    I cannot imagine that she would be held for abandonment because there has to be someone who is LICENSED not just certified on duty. I know the LPN and RNs can get charged with that but not the CNAs.
  5. 0
    She's getting a whole lot of BS!!! First, CNA "abandonment" is not an issue unless it was a home care aide who actually left a patient.
    Second- Facilities use this tactic to bully their staff. It is not patient abandonment for nurses to leave at the end of their shift. Most Boards of Nursing have something in writing about this because so many employers try to pull this one. Even licensed nurses are not responsible if the facility fails to provide adequate staff for each shift. The only time abandonment at the end of a shift would come up is in the event of a unforseeable circumstance preventing anyone from getting there to provide relief. Example: I've been stuck working an extra shift during a blizzard when roads were closed.
  6. 0
    Abandonment can only be pinned on a cna if there is actual harm done to a patient as a result of neglect or such. In this case anyway, the buck would travel up to the lpn or rn. Tell them they are inaccurate in using this term and that you have been advised not to accept this as it is bullying.
  7. 0
    Still, her employer can fire her. What's the job market like in your area. Mandatory overtime usually means that you have lots of options at other places.
  8. 0
    Yes, they can fire you, at least here in PA. PA is an "at will employment" state which means they can fire you for anything. But, all that overtime does mean a good job market and so far cna jobs are thriving here. I don't see this abandonment threat as much anymore either as many people are getting wise to it. It bothers me when this is misused this way. If they want to make it their policy to mandate, they need to call it the way it is and take responsibility for this as their policy and not blame the BON.
  9. 0
    So if I left on my first day as a CNA before my shift was over, they can of course terminate me, but can that be abandonment as well? I was only there several hours. Won't get into details, but it was orientation, and first day, first job. Please help!


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