Can I Lose My License For Calling Out Last Minute and Cursing at A Staff Member

  1. Hi I am an LPN in the state of Florida.

    I called off 2 hours prior to a Continuous Care shift for a hospice patient. I cited car trouble.

    The oncall Staff Agency associate became angry and said that I had to take an Uber or a Lyft to the job and that I could not call out.

    I ignored further communications from her.

    A few days later I got a text from the agency that they would be sending me my last paycheck: I was implicitly fired.

    The paycheck was supposed to be sent to a new address which I provided by email twice and also spoke directly to a staff member over the phone to give it.

    They still sent it to the wrong address so to date I have not been paid after 4 weeks.

    When I called to resolve the issue I got into an argument with the day staff. Then I called later on because I was supposed to get a call back and got into an argument with the on-call staff where we had a very loud argument and during which I told her "I don't give a damn if you think I should or should not be paid your your I'm entitled to be paid."

    We got into a shouting match where she called me an idiot and said I was ignorant. Then she disconnected the line.

    Then she sent me a text that she was going to report me for abandonment due to the short notice when canceling my shift and that the phone call was being recorded (she also said the phone call was being reported while we were arguing but I didn't register what she was saying because I was angry).

    My question is: as far as I know you are supposed to alert someone that a phone call is being recorded recorded before recording it.

    After she contacted me with that text I told her not to text my phone or call me.

    Then she sent a text that I was not authorized to call that line anymore. I then sent her a text "f--- you" then she sent me back "likewise."

    I should also note that I was hired by this agency purely through phone and email: I've never met with them in person. I sent them all my credentials via email.

    My question is do they have a case to make to the board of nursing for unprofessionalism and patient abandonment?

    Am I able to counter the accusations with accusations of them also being unprofessional (for hiring me sight unseen) and in for not paying me appropriately?

    In other words is my license truly in danger?
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  2. 3 Comments

  3. by   chare
    Quote from Genesislinx1215
    [...]
    My question is do they have a case to make to the board of nursing for unprofessionalism and patient abandonment?
    [...]
    Patient abandonment? I don't think so.

    Unprofessionalism? if that is a reportable offense to the FL BON, yes, as your behavior most definitely was.

    Best wishes as you work through this.
  4. by   caliotter3
    You had a case for the Labor Board over not being paid in the proper time frame. You still might want to pursue that, if only to inquire. While there is no case for abandonment, you can certainly expect a bad reference when prospective employers contact this employer. The Board is probably more interested in your professionalism when dealing with patient care. Employment problems are beyond their concern, otherwise they would have to quintuple their investigative staff.
  5. by   Kooky Korky
    I doubt the BRN cares. You didn't abandon anyone, you called off, presumably according to the employer's requirement (2 hour minimum or whatever
    their requirement is).

    Recording calls - Depending on your state, I think the law is that only one person has to
    know that a call is being recorded. Since the one doing the recording knows, well, there you
    go. Very stupid law. Maybe I'm wrong about it. Ask a couple of attorneys where you live.

    Hiring sight unseen - presumably they verified your credentials. But it does seem pretty
    odd that they didn't take your photo for an ID. Did you sign tax forms? Take any lab tests?
    None of the usual misery you encounter when being hired these days?

    Arguing and cursing and yelling at your coworker? While not smart, I don't think it comes under being unprofessional, doubt the BRN would get
    involved.


    Oh, about not getting paid - yes, report that to the Department of Labor. They do, I believe, have to pay you for work you have already done and
    they can get in trouble with DOL if they mess with you about your pay. Your Senators or Congressmen/women can also intervene or direct you how

    Don't use this firm as a reference if you can avoid it.

    And you could consider trying to make amends, patch things up if you want to keep the job.

    "You know, Coworker, I was really rude to you and I am really so sorry about it. Do you think you would be willing to forgive me? I was just so upset
    about my car and when my check didn't come for so long I was faced with becoming homeless."

    Anyway, good luck.

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