My DON accused me of patient abandonment during a snowstorm

[NurseScorpio88]

Today, I was accused of patient abandonment for leaving work during a snowstorm. Please enlighten me!

I was working 7-3 last Tuesday, there was a snowstorm coming. I had asked my DON if I can do a double shift for that day and have a day off the next day. She told me no and that can't happen because there will be probably more call outs the next day because of the storm. So I gave the status report of my patient to next incoming nurse, did our narcotics count and went home thinking that I have to come back the next day since they're not allowing me to do double and have the day off. I went home and help my husband shovel, I never even paid attention to my Phone because I was worried of my Husband going to work ( we were getting 18 inches of snow that day and he is a nurse as well)

When I checked my Phone my DON left me 2 messages, she told me that I was supposed to do a double today and have my day off the next day. Apparently I didn't know about this until 7pm, so I called her and shes not there anymore. Called her the next day and she said to come see her on Monday and that she won't discuss anything over the phone. (Called her on a Wednesday and I have 4 days off, Monday is my next duty sched)

I talked to her today (Monday) and she said she is going to report me to the BON for abandoning of posts, patient abandonment. Her reason was I left the building without saying anything to her, but my question is

1. Can it be abandonment if I did my status report with the incoming nurse?

2. Can it be abandonment if my other colleagues saw me left the building?

Please enlighten me because this is my First Job.

ADDITIONAL INFO:

Sorry for the edit but I forgot to mention that I gave my 2 weeks last Wednesday ( the day they took me off the schedule-- and made it look like they gave me a day off). After the DON told me that I was abandoning my post for leaving last Tuesday, DON asked me when is supposed to be my last day, told them March 28, they said no Today (Monday 3/19/18) is your last day, you are done. Get your things and do not say anything to anyone on your floor.

then this happened...

My Senior Nurse just called me after her shift today and told me that they've been telling everyone that I resigned effective immediately today. My senior nurse was surprised, she then told the DON that, it is not my character to do that. And that it does not make any sense at all that I went to work just to tell them I resigned.

I was just trying to help out, since I was there already. All I want is a day off the next day.

Also this Nursing Home has no HR Department so you don't really know who to ask.

[LadysSolo]

NurseScorpio88 said:

Unfortunately I don't have one.

Never ever work without malpractice insurance - it is money well spent, so you can have the lawyer take care of issues like this. I (thankfully) have never had to use it in 36 years, but at (about) $100/year, and an attorney is about $500/hr, I am glad I have never been without it - I have paid for about 7 hours. And you did NOT abandon your patients.

[Wannabenurseneko]

If anyone needs to be accused of something it's the DON for poor management .

[chaki]

Lawyer up ASAP

[Yep, Me]

I would pay the $60 to have a lawyer write this letter for me. Seriously.

[Fiddleback]

Being a nursing home the place should have an administrator or some person to whom the DON answers. It may be a corporate set up but she has to answer to somebody. I agree with everyone who says get a lawyer. If enough heat is applied to whoever holds that DON's leash she'll cool her jets rather quickly.

[johsonmichelle]

Patient abandonment is only valid when the nurse accepts the assignment and the assignment is not appropriately handed over to another nurse. Receiving and accepting report is the common way of assuming responsibility of the patients. Your case is simple because another nurse assumed care of the patients and should have documentation regarding the care. Like others said, no further communication should not be done unless you have a lawyer. Her threats may be empty but it's better to be safe then sorry. Threats to the BON against nurses by the DON seems to common in SNF'S. How long have you been working at this job? If it's not been long, just keep them off your resume and start looking for another job.

[Knotanoonurse]

If there was not adequate staff, why did she abandon ship and go home?

[FNP1981]

I've primarily been in ER, but I think there may be a part of this story you are leaving out. Why did you even ask to work a double and have the next day off to begin with? Just curious. My guess, and in my experience is that when a snowstorm is expected, or any disaster or staffing emergency, employees that are already working can be MANDATED to work 16 hours by agency regulations. Most facilities have this regulation in place for this exact reason. Otherwise, everyone will go home when snow is coming so they aren't stuck at work. Then no one shows the next day = no nurses. HUGE problem. So did they tell you that you were going to need to possibly stay a 16 hour shift and that you would definitely be needed the next day as well?

It also makes no sense that according to you all the other staff had to stay over and work a double and you were allowed to go home. Did you refuse to stay over for the mandated OT unless you were given the next day off? Whether you gave report to an oncoming nurse or not is irrelevant. If you were mandated to stay and you left that is technically job abandonment. It does not matter if you were scheduled 7-3. The BON will not see it that way either. I'm just letting you know that if a code yellow (or whatever color or emergency protocol your facility has in place for snowstorms or disasters) was called, that means all staff HAS to stay. If you leave it IS abandonment. I would find out what policy is before spending a lot of money on an attorney.

[Thrpy]

Write down all details as you see it. That way if this comes up later you can remember. If the DON talked about you to others, see if you can get signed statements from others documenting this. I doubt you will be reported to the BON. Sounds like just a threat. We're you officially terminated or officially resigned? If terminated, you likely have to report this upon renewal of your license. In that case, just make sure you indicate to the BON you were fired (if you actually were fired and your a State requires you to report this). If you renew your license, and if they ask if you've been fired and you don't answer honestly that is fraud and will definitely get you in trouble. Nurses are fired all the time. Honesty is best policy. You will be fine. Btw your corporate likely has an HR department I would think.

[JKL33]

FNP1981 said:

I've primarily been in ER, but I think there may be a part of this story you are leaving out. Why did you even ask to work a double and have the next day off to begin with? Just curious. My guess, and in my experience is that when a snowstorm is expected, or any disaster or staffing emergency, employees that are already working can be MANDATED to work 16 hours by agency regulations. Most facilities have this regulation in place for this exact reason. Otherwise, everyone will go home when snow is coming so they aren't stuck at work. Then no one shows the next day = no nurses. HUGE problem. So did they tell you that you were going to need to possibly stay a 16 hour shift and that you would definitely be needed the next day as well?

It also makes no sense that according to you all the other staff had to stay over and work a double and you were allowed to go home. Did you refuse to stay over for the mandated OT unless you were given the next day off? Whether you gave report to an oncoming nurse or not is irrelevant. If you were mandated to stay and you left that is technically job abandonment. It does not matter if you were scheduled 7-3. The BON will not see it that way either. I'm just letting you know that if a code yellow (or whatever color or emergency protocol your facility has in place for snowstorms or disasters) was called, that means all staff HAS to stay. If you leave it IS abandonment. I would find out what policy is before spending a lot of money on an attorney.

That's a good point. Although if an emergency protocol is in effect, it can't be a secret. It's not that difficult to tell people that's what's going on when fielding phone calls about staffing needs. When someone calls to clarify what they are to do, it's not too hard to say, "No one can leave right now." It doesn't sound like that was said, and it does sound like there was misundertanding because of that.

I had your same understanding of it a couple of pages back and wondered if the OP simply didn't stay because she couldn't have the next day off. Her understanding is that there was a clarifiying phone call made by her senior nurse and with the answer given they both were of the understanding the OP wasn't needed at that time. So she left. (Unless the senior nurse totally set her up to get fired and didn't tell her the actual context of the phone call/DON's answer).

As far as patient abandonment and job abandonment, in this case it is either both or neither, depending on whether an emergency protocol had been announced/OP was informed of being mandated.

[RockiesRN3, BSN, RN]

I would contact an attorney ASAP. This almost sounds like wrongful termination. I have a DON that wrote me up and threatened to terminate me because I was absent too much because she wouldn't accommodate my MDs requested days I needed to work. I complained to HR and she put me on the schedule on my days off to make it look as if I no called no showed. I had a copy of the schedule and showed her I was not on. I call and letter to the hospital from my attorney stopped that nonsense...at least for now. If you have a copy of your schedule that would help. The nursing home has to have some type of HR and I may not be st your facility but maybe at the corporate level. I'm not sure if you had your notice in they can fire you. At least in Texas they cannot. Trust me when I say get an attorney now. Good luck

[Have Nurse, ADN, RN]

Wuzzie said:

Get a lawyer. That will put a stop to this nonsense.

I agree. It's also defamation of character here, implying that you are irresponsible when you are not. You have a license and a reputation to protect.