Need Help With Abandonment Law!!!

Nurses General Nursing

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I just quit my job at a home health agency, worst company I've ever worked for. I was unable to give 2 week notice as I'm starting new job right away. He told me without giving a 2 weeks notice, it was considered abandonment and he was going to report me to the Board of Nursing.

This guy is known to lie to me. If my memory serves correctly isn't job abandonment when you leave a job at home during your shift?

Specializes in Community Health, Med-Surg, Home Health.

There is no reason for this man to report you to the BON. Just to be sure, I would call them up and present the situation, and have your ACCURATE response later in case this moron tries to force you to return. I am sure that receiving the answers from the people that count would make it easier to sleep at night.

One of the things I noticed with home health nursing...the agencies tend to get away with more in terms of harassing the nurses, mainly because the rules are so laid back and casual; until the agency is in a punch. Move on with your life and leave them to the dust with a clear conscience.

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I am not worried about a negative report as I have another job lined up. I was going to use the guy I took care of as a reference, not the company.

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I dont think hes actually going to call the BON, I think he was just trying to scare me into staying. He obviously has no clause for getting me in trouble. I dont want to bother the BON for nothing. Im just going to leave it as is and move on with my life.

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Specializes in Hospital Education Coordinator.

that was a parting shot to make you miserable. Consider yourself lucky that you no longer work there.

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Specializes in ICU.

the guy is a sleeze! glad you left, life has to be better elsewhere! :heartbeat:heartbeat

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Specializes in OB.

okay... another abandonment question, not to hijack the thread but while we are on the subject. What if you come in b/c your floor is super busy and they beg you. So you agree to work a 3p-11p shift. at 11 p, the house sup comes to you and says " too bad, I cant find anyone to replace you. You have to stay for the next shift to come on- work a 16, b/c if you leave, it is patient abandoment. there is no one to take your pts"

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Specializes in Assisted Living Nurse Manager.
okay... another abandonment question, not to hijack the thread but while we are on the subject. What if you come in b/c your floor is super busy and they beg you. So you agree to work a 3p-11p shift. at 11 p, the house sup comes to you and says " too bad, I cant find anyone to replace you. You have to stay for the next shift to come on- work a 16, b/c if you leave, it is patient abandoment. there is no one to take your pts"

Yes I think it would be considered abandonment if you leave without reporting off to an oncoming nurse. Your assignment has to be taken over by another nurse. If you left who would take care of the patients?

It would "suck" to be in that situation, but I am sure it happens.

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okay... another abandonment question, not to hijack the thread but while we are on the subject. What if you come in b/c your floor is super busy and they beg you. So you agree to work a 3p-11p shift. at 11 p, the house sup comes to you and says " too bad, I cant find anyone to replace you. You have to stay for the next shift to come on- work a 16, b/c if you leave, it is patient abandoment. there is no one to take your pts"

You should check your state laws. Some states put an explicit limit on the amount of time they can make you stay. A good employer shouldn't even have to do that... they should have PRNs, PTs, people that LOVE OT and agencies on backup.

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Specializes in Med Surg, LTC, Home Health.
]So you agree to work a 3p-11p shift. at 11 p, the house sup comes to you and says " too bad, I cant find anyone to replace you. You have to stay for the next shift to come on- work a 16, b/c if you leave, it is patient abandoment.

If they could do that, then what if they couldnt find someone to work the following 7-3? Do you just keep on working for 24 hours? Or say you had been up since 6AM that morning. Are you suppose to be awake for 25 hours and still be caring for patients? That would not be safe.

I believe that abandonment is when you walk out on your patients after you have accepted an assignment. An assignment is one shift. It isnt indefinite. People have children and have arranged their personal lives around the shift they work. No BON would claim they have to keep working shift after shift until a nurse comes to relieve them. It is the facility's responsibility to arrange for the continuation of care once your shift is over. The abandonment is theirs.

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Specializes in OB.
If they could do that, then what if they couldnt find someone to work the following 7-3? Do you just keep on working for 24 hours? Or say you had been up since 6AM that morning. Are you suppose to be awake for 25 hours and still be caring for patients? That would not be safe.

that was my issue as well. Coming in extra to help and then mgmt "traps' you into staying another shift b/c they cant find anyone else. We need additional staff, yet they ownt find us any. Figure its all our responsibility to continually go beyond our FTE. I was dumbfounded when they told me I couldnt leave after my shift.

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