Abandonment if I don't pick up over time shifts??

  1. I am a full time nurse 3p-11p. Our 11-7 nurse is out on DBL. The charge nurse told me she will file Abandonment charges against my license If I don't pick up some of those extra shifts.

    Here is the thing...it isn't Abandonment because they knew of those absences in a reasonable time frame to find appropriate coverage. We even have contract nurses available.

    What can I do about all of this?

    And she didn't even ask me to pick up the shift. She threatened me with mandation, and when I informed her she could not legally mandate me she immediately told me she would file abandonment charges against my licence.

    I'm in NY.

    HELP
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  2. 158 Comments

  3. by   roser13
    She's full of it. She has absolutely no grounds to stand upon to say that.
  4. by   meanmaryjean
    You need a different job, STAT
  5. by   ixchel
    Quote from hollyspiller0253
    I am a full time nurse 3p-11p. Our 11-7 nurse is out on DBL. The charge nurse told me she will file Abandonment charges against my license If I don't pick up some of those extra shifts.

    Here is the thing...it isn't Abandonment because they knew of those absences in a reasonable time frame to find appropriate coverage. We even have contract nurses available.

    What can I do about all of this?

    And she didn't even ask me to pick up the shift. She threatened me with mandation, and when I informed her she could not legally mandate me she immediately told me she would file abandonment charges against my licence.

    I'm in NY.

    HELP
    Ask her what kind of charges she'll try for if you put in your two weeks' notice.

    Your charge nurse deserves some well-chosen cuss words describing her intelligence. You are not required to do overtime. I imagine federal labor laws trump your BON, not that they would even begin to view this as abandonment.
  6. by   VANurse2010
    Tell your charge nurse if she doesn't stop threatening you that you'll file charges against her with the board.
  7. by   Jensmom7
    Google "mandatory overtime New York nurses"

    Print out the pertinent information (short story: she's FOS)

    Next time she threatens you, hand her a copy of the overtime law, go home with a clear conscience.

    I hate when management uses the "we'll get your license taken away" boogeyman. I don't remember this happening 40 years ago-times have changed. I think they're hoping everyone is just so grateful to have a job in a tight market that they'll just be quiet and fold right up.

    Nurses need to look through their BON websites, and the State Licensing websites and do some research on just what a hanging offense is in their eyes.
  8. by   ixchel
    Quote from Jensmom7
    Google "mandatory overtime New York nurses"

    Print out the pertinent information (short story: she's FOS)

    Next time she threatens you, hand her a copy of the overtime law, go home with a clear conscience.
    Or you could passive-aggressively print multiple copies and tape them up in several strategic spots. *giggle*

    (I only half kid when I say that. You likely aren't the only one receiving this threat.)
  9. by   macawake
    I'm Swedish so I don't know the first thing about US labor laws and BoN rules/regulations regarding mandated overtime and patient abandonment but one thing is obvious to me. If your charge had a legal right to force you to accept overttime, that is what she would do. Threatening you with abandonment charges simply seems like an attempt to frighten you into acquiescing.
  10. by   SmilingBluEyes
    Simple. You can't "abandon" patients for whom you not have taken report and assumed care for.

    That is the bottom line. That and she is so FOS that it's insane. Don't give in.
  11. by   xoemmylouox
    I would find a new job ASAP. Make sure you CYA with documentation until then. In this setting you cannot abandon a patient you have not taken an assignment for. It was a nice try, but a fail on their end.
  12. by   nrsang97
    Run, do not walk, I repeat RUN from that place as fast as you can. I would be finding other employment. You cannot be charged with abandonment for an assignment you haven't accepted. They knew the night nurse has been out, so they have had adequate time to find someone to get those shifts.

    Your charge nurse is definitely FOS.
  13. by   MunoRN
    I would respond by saying: "I agree that everything you're saying needs to reported to the state, if you write down what you're telling me and sign it, then I'll be happy to send it in for you".
  14. by   ~PedsRN~
    I would almost be tempted to file something against her with the BON. Can you talk to management? She sounds like a real winner.

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