Is this abandonment?

[tenkuh]

A couple of months ago I was working at a hospice home health job. I gave my two week notice verbally, not in writing, over the phone to the boss. When I gave my verbal notice, I was told, "I do not want someone working here who does not want to work." Then I was told, "Go ahead and leave." I reiterated I was willing to work the two week notice, only to be told again to leave, so I left. Before I gave my two week notice on the phone, I was told the list of patients to see for that day, but I had not yet left the office to see the patients. I put in my 2 weeks immediately after being given the list and then was told to leave. I had not physically seen any patients that day. I do not believe there were any other nurses on schedule for that day when I left the office.

When my former employer appealed my unemployment case (which I originally won) earlier, they denied I ever gave a two week notice and are now claiming I walked out. They stated in the appeal hearing I abandoned my patients. Nothing has been brought against the board and it's been two months (to my knowledge, nothing has been brought before the board), but now I am worried. Did I abandon my patients? I was told to leave by my employer, so my understanding is that was basically termination when I put in my two week notice. I'm scared to call the board and ask cause I don't want to stir the pot. Can someone help?

[DixieRedHead, ASN, RN]

I rather doubt that this would pass for abandonment without pushing hard. As for a lesson learned, always resign in writing. Had you done so, and been told to leave your employer would have had to pay your unemployment at least for the two weeks. You would not however been eligible after that.

[Esme12, ASN, BSN, RN]

i am sorry you are going through this but, we can't give legal advice here. that being said.....it depends on your state's nurse practice act. most of the time have to accept a patient assignment and then leave without handing the patients to someone else qualified to care for the patient, now in home health it is different and you can be charged with abandonment in some states for accepting the list of patients. also put everything in writing.

now if you leave without notice, technically, they can't charge you with abandonment if you don't accept your assignment. but in home health "accepting the assignment " is slightly broader and may vary state to state.

for example...the state of new york

examples of patient abandonment may include, but are not limited to:

• an rn or lpn accepts an assignment for patient care and then leaves the facility without transferring patient care to another qualified individual, when this would seriously impair the delivery of professional care;
  
• an rn leaves the operating room during a surgical case without transferring patient care to another qualified individual, when this would seriously impair the delivery of professional care;
  

here is where home health gets dicey......

an rn or np withdraws from a contractual relationship with a patient to provide home health, counseling, daily nursing care or another similar service and fails to provide sufficient notice to the patient.

• nys nursing:practice alerts & guidelines:rn & lpn practice issues:faq
  

i am not a lawyer and i would seek the advice of a good employment attorney and contact my states board of nursing. what a bunch of schmucks....they obviously have trouble finding and keeping employees that they have to employ terrorist like tactics in an attempt to prevent someone from leaving and refusing unemployment. good luck/

[rosiegirl212]

My understanding was you are in the middle your shift and you walked out. If you haven't been given report on any of the patients or yet seen them than that's not considered abandonment. You could always get a consultation with a lawyer to make sure nothing can be brought against you.

[Havin' A Party!, ASN, RN]

What Dixie said.

Good luck.