[justmanda]

Yes, something here doesn't seem right. If it is the end of my shift, I expect to be able to GO HOME. If somebody doesn't show up on time, I would stay a reasonable amount of time until my replacement arrives, but I should be allowed to QUIT without notice (as long as I have turned over care to another nurse). It seems they are being charged with quitting without notice, doesn't it? Why would a facility being scrambling for replacements at the end of the shift? Shouldn't they already have the next shift scheduled? I can quit a job whenever I want to. It may not look good on my resume, but it certainly isn't a criminal act.

[justmanda]

Originally Posted by lizz

Exactly. This really is a child endangerment case, more than anything else.

I don't agree. If this is as it seems, then they are being charged with quitting their jobs without proper notice. If this is the case, the charges are ridiculous. Is there a law that says you have to give a certain many days/hours notice before you quit a job? If not, there is no crime here. The facility is at fault, not the nurses. They have to face the consequences of not fulfilling the promises to their employees. Think about it, how many extra days would you work in a facility that you felt was putting your license in jeopardy with unsafe practices/staffing? I would quit as soon as possible. (I don't know if this is the case here). I worked in a facility for three months (contract) that regularly floated me to ICU. I was not an ICU nurse and had to wing it when taking care of vent patients. All of the patients I took care of had no idea they were being tended to by an unqualified nurse. I quit PRONTO (I gave my two weeks though). But I really think I should have clocked out after the first day and never came back. I was lucky I didn't kill someone.

[Sheri257]

People seem to be forgetting that this was a mass walkout, not just one person quitting where it would be much easier to find a replacement if just one person quit.

And, some of those nurses were scheduled to work night shift and quit instead.

With ten nurses suddenly gone on a Friday night, that's why they were charged with child endangerment. The DA is saying there was no one left to take care of the respirator kids.

[nurselittlemac]

I read the actual indictment and the fine details as to the lead up to the resignations and processes that may or may not have taken place prior are all missing. They sought legal counsel and that is all that is mentioned.

If they left at the end of the shift and handed off care to another capable provider, they left noone in danger. It is not their responsibility to staff the next shifts and my understanding they completed their current shift. We simply do not know the details: I doubt there was no attempt to come to an agreement between the facilities and nurses involved prior to this. That is hard to believe.

These are international nurses and have a contract with ramifications for not fulfilling the contract. The facility has to also hold up what is written and legally binding in the contract. If either did not then both are negligent.

The greater problem is what we all know to be the shrinking number of Registered Nurses in America. The state of healthcare is itself in much danger for lack of qualified personel to care for the patients in need.

Is it right to resign, right to work in an environment that places your hard earned licensure at risk, patients at risk, is voiding the agreed upon contract by not holding up either (facility and/or nurse) end? All valid questions and we would have to know the details first.

I work in a facility of approximately 800 patient beds and it employs contracted international nurses. All of them must pass the NCLEX and English language testing prior to RN licensure in the United State.

[BillEDRN]

Originally Posted by chris_at_lucas_RN

If you do not turn your patients over to the oncoming nurse, your "shift" isn't completed. And leaving unattended patients, even in an ambulatory unit, much less the one in Smithtown, is abandonment, no matter what time it is.

I'm surprised to see so many posts in this thread that ignore the reality of the responsibility of our profession. We are not factory workers whose car parts can simply sit on the assembly line until management finds someone else to do the job. Our "car parts" are living beings.

Don't nurse practice acts dictate what we should do when...? No attorney, nor his advice, supercedes the law. I'm pretty sure I saw something about the authority of the nurse practice act when I took my boards.

The bottom line is always safety. These nurses put their patients in harm's way.

I haven't completed reading all the post, nor have I looked at the facts as portrayed in the media (althought accurate reporting is often lacking) about the issues at hand. However, you seem to miss the fact that the article reported that the nurses had "completed" their shift. IF that is the case, those nurse did not abandon their patients. It appears that the focus is on the conspirasy allegedly perpertrated by the charged nurses.
What is sad is that people are willing to chastise and critisize these nurses without knowing the facts.
Another sad fact is that nurses are seemingly willing to accept that as non-unionized employees, management has the right, under the "at will" doctrine, to dismiss (fire) an nurse without notice for any reason. On the other hand, as iit appears in this case, when the nurses, who exerecise their rights under the "at will" doctrine, are thought to have done something immoral or illegal. Yes, we are professionals, and yes, our patients should not be abandoned, but that does not seem to be the case.
Nurse, both foreign and domestic, will continue to suffer at the hands of immoral and unethical employers trying to make a buck off the back of RNs who take patient care seriously, even if their employers don't. Healthcare adminstrators are making six figure incomes, with benefit packages we would love to have, all the time saying they don't have enough money to pay nurses the salary and compensation they deserve.
How about you give the folks who tried to take care of the patients the benefit of the doubt, instead of the administrators, who have questionable ethics and morals! After all, why do you think this facility had to recruit so heavily from the Phillipines? Do you think it was for any other reason than American nurses wouldn't work at that facility?

[Sheri257]

Originally Posted by BillEDRN

However, you seem to miss the fact that the article reported that the nurses had "completed" their shift. IF that is the case, those nurse did not abandon their patients.

As was pointed out previously on this thread, this particular article is wrong. Other articles point out that while a couple of the nurses did finish their shift, most of them walked out before they were supposed to start their shifts.

[pebbleworm]

Whew! 17 long posts. My 2 cents are it's abandonment. This case should be included in our nursing laws and policies curriculum here in the Philippines so Filipino nursing students could be forewarned of both the legal ramifications of their actions and on... trusting lawyers.

[justmanda]

Originally Posted by lizz

As was pointed out previously on this thread, this particular article is wrong. Other articles point out that while a couple of the nurses did finish their shift, most of them walked out before they were supposed to start their shifts.

Even then, as long as they hadn't assumed care of a patient, they are still allowed to quit. What gets me is the fact that they will indeed face financial ramifications for this (not getting a bonus....fines from the facility for not completing the contract, etc.) which is expected. The facility, however, didn't think this was enough and decided to go after them criminally! They really want to stick it to them. I'm sure most will agree that nurses want to take care of people. They want jobs. It is obvious here that this particular facility was probably a hell hole and there was a very good reason for the nurses' actions. Most good facilities (even marginal facilities) don't have mass walkouts. There was definitely a serious problem here.

[Sheri257]

Originally Posted by justmanda

Even then, as long as they hadn't assumed care of a patient, they are still allowed to quit. What gets me is the fact that they will indeed face financial ramifications for this (not getting a bonus....fines from the facility for not completing the contract, etc.) which is expected. The facility, however, didn't think this was enough and decided to go after them criminally! They really want to stick it to them. I'm sure most will agree that nurses want to take care of people. They want jobs. It is obvious here that this particular facility was probably a hell hole and there was a very good reason for the nurses' actions. Most good facilities (even marginal facilities) don't have mass walkouts. There was definitely a serious problem here.

I've worked in hellholes ... but I still gave adequate notice when I quit. For one thing, I didn't want a bad reference. And I didn't want to dump on the other staff either because they're the ones who are really screwed if you just walk out. It's not their fault that management sucks.

Seriously: why not just give adequate notice? Obviously ... it's got to be better than being indicted by the DA. Even if they're acquitted, they're going to have to disclose that indictment on every job application they submit in the future.

I wouldn't want to have to explain that for the rest of my career. It would have been so much simpler to just give your reasonable notice, then quit.

[justmanda]

Originally Posted by lizz

I've worked in hellholes ... but I still gave adequate notice when I quit. For one thing, I didn't want a bad reference. And I didn't want to dump on the other staff either because they're the ones who are really screwed if you just walk out. It's not their fault that management sucks.

Seriously: why not just give adequate notice? Obviously ... it's got to be better than being indicted by the DA. Even if they're acquitted, they're going to have to disclose that indictment on every job application they submit in the future.

I wouldn't want to have to explain that for the rest of my career. It would have been so much simpler to just give your reasonable notice, then quit.

I'm sure they didnt' realize they would be brought up on criminal charges when they quit...and that is my point. Giving notice is a professional courtesy. It is NOT legally required. Also, when management sucks, as you put it, so do working conditions. These nurses probably couldn't stand another day of it. If their co-workers could, then that is their choice. With all this being said, I would have tried my best to stick it out for the two weeks too. But we don't know what their situation was. Imagine their choice...Lose your license (by staying in an unsafe workplace) or be sent to jail. Mmmm....nice.