Terminated vs Resigning

  1. 1
    <div>Hi to all,</div><div><br></div><div>My wife is a nurse who recently quit her job at a state (michigan) hospital for patients who suffer from emotional illness. She tried it for over a year and after being assaulted 3 times by patients, forced to work double shifts (without notice) and working understaffed almost continually (hard to hire help when they get beat up on a regular basis) she finally gave up one night and sat down with her supervisor and after a long talk handed over her keys and quit. The next day she emailed her formal resignation and later received via the US Mail a letter indicating that she was fired for leaving her post and that the record of her firing would be sent to the State's licensing board. Her union rep (not a real fireball) is representing her in a hearing with Director in a couple of days and I don't expect much in the way cooperation from him so i am looking for recommendations from those who have been down this road before. I believe in the future she will be more mindful of waiting so long to act on the situation. Clearly giving 2 weeks notice to the facility would have less problematic but she kept "hanging in there" until the frustration put her over the top.</div><div><br></div><div>Thanks in advance for your help.</div>
    lindarn likes this.

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  2. 9
    Quote from djmac
    <div>Hi to all,</div><div><br></div><div>My wife is a nurse who recently quit her job at a state (michigan) hospital for patients who suffer from emotional illness. She tried it for over a year and after being assaulted 3 times by patients, forced to work double shifts (without notice) and working understaffed almost continually (hard to hire help when they get beat up on a regular basis) she finally gave up one night and sat down with her supervisor and after a long talk handed over her keys and quit. The next day she emailed her formal resignation and later received via the US Mail a letter indicating that she was fired for leaving her post and that the record of her firing would be sent to the State's licensing board. Her union rep (not a real fireball) is representing her in a hearing with Director in a couple of days and I don't expect much in the way cooperation from him so i am looking for recommendations from those who have been down this road before. I believe in the future she will be more mindful of waiting so long to act on the situation. Clearly giving 2 weeks notice to the facility would have less problematic but she kept "hanging in there" until the frustration put her over the top.</div><div><br></div><div>Thanks in advance for your help.</div>
    Lawyer time. Don't fool around with people in the system. You can bet that the state will have it's attorney. Get a lawyer that will go for the jugular.
  3. 9
    Employment attorney. TAANA referral service since they have threatened her license. www.taana.org
    laborer, dutches2007, Bella'sMyBaby, and 6 others like this.
  4. 5
    Did she count the narcotics off with the supervisor? If so I don't see how she could be reported to the board.
  5. 2
    Did she keep a copy of the email?
    dutches2007 and lindarn like this.
  6. 6
    we can't offer legal advice here. is suggest you contact a lawyer in addition to the union. does your wife have malpractice insurance i would contact them as well. it's touchy.....speaking with the supervisor is not the same as giving report and leaving the patients with another qualified staff member. leaving without someone accepting report and the patients can legally interpreted as abandonment whether she "quit" or not she left the patients without another nurse accepting responsibility for the patients in her care. as far as the forced working or mandatory overtime....until recently mi considered it abandonment if a nurse refused to stay when mandated.

    august, 2011. the resolution reads:whereas: licensed nurses (registered nurses and licensed practical nurses) are expected, at all times, to use their critical judgment in providing safe care for their patients; and
    whereas: the exercise of this judgment includes making a decision about accepting or rejecting a request to work overtime.
    therefore, be it resolved: that rns and lpns are exercising this responsibility if they reject a request to work overtime because they believe they cannot safely provide care. such refusal would not in and of itself constitute patient abandonment. (emphasis added)

    michigan nurses association - news & events - board of nursing patient abandonment resolution

    "the abandoning, without adequate warning, of a patient needing further medical care by the person responsible for that care."

    http://www.nurses.com/content/news/a...2-00d0b7694f32}

    so it is difficult to say......speak to a lawyer. i wish you both the best.
    lindarn, chare, dutches2007, and 3 others like this.
  7. 2
    Quote from djmac
    <div>Hi to all,</div><div><br></div><div>My wife is a nurse who recently quit her job at a state (michigan) hospital for patients who suffer from emotional illness. She tried it for over a year and after being assaulted 3 times by patients, forced to work double shifts (without notice) and working understaffed almost continually (hard to hire help when they get beat up on a regular basis) she finally gave up one night and sat down with her supervisor and after a long talk handed over her keys and quit. The next day she emailed her formal resignation and later received via the US Mail a letter indicating that she was fired for leaving her post and that the record of her firing would be sent to the State's licensing board. Her union rep (not a real fireball) is representing her in a hearing with Director in a couple of days and I don't expect much in the way cooperation from him so i am looking for recommendations from those who have been down this road before. I believe in the future she will be more mindful of waiting so long to act on the situation. Clearly giving 2 weeks notice to the facility would have less problematic but she kept "hanging in there" until the frustration put her over the top.</div><div><br></div><div>Thanks in advance for your help.</div>
    orney


    Please get an atorney ASAP. All the best.
    laborer and lindarn like this.
  8. 2
    i would say to get a lawyer it is definitely touchy subject b/c she DID sit down and talked with her supervisor AND sent an email the next day. Although it was a very difficult place to work, remind your wife (just in case it happens again in the future) to always always always put in a 2 weeks notice. Not only are your CYOA by not just quitting and "abandoning your patients" but it's better to elave on a good note, plus management has 2 weeks to find somenody to replace you.
    laborer and lindarn like this.
  9. 1
    The two weeks notice , is not an absolute necessity , but without it you are burning your bridges . As in this situation if the employer is running the place with poor staffing / mandated overtime , I'm sorry but why the heck should I give them time too find somebody to replace me ( they obviously are not doing enough to recruit / retain staff ) .
    The error made here was to walk out midshift , if during that long talk she told her supervisor she was going to leave , and then given a report to that supervisor , or a nurse the supervisor had found to replace your wife with .
    As others ahve said its time to lawyer up , as this employer will try to make this incident about your wifes abandonment of patients , rather than its abandonment of both staff and patients by allowing inadequate staffing to continue .
    laborer likes this.


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