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

[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

[RNikkiF]

If you're giving report to someone before you leave, you're covered. If not, you could be in trouble... although I don't know anyone who'd just leave without turning their patients over to someone. You should find a new job. Now. And report your cn to your employer.... I will say though thst in my experience, places that routinely aren't staffed appropriately don't really care how staff is treated. Get out. Now.

[Linda47]

I have had this experience, and when I called my union, miraculously the threats stopped!

[Laura2003]

She is a charge nurse. Try going to the DON and reporting this.

[Amgolfchick]

Maybe she's new and still learning? Please be helpful, not insulting...

[rudecat]

This is management bullying and she has no grounds with to attack your nursing licence. I agree,gather all of your information and keep it for further reference or present it to her. Have union with you as she sounds a tad unsure of her position ?

[ADPIE1]

Your charge is FOS. I like the idea of printing the state law and leaving copies in several places. I would also record her telling you that she is going to report you for abandonment. .. because it is not abandonment. Then take that to HR and let them know you are filing harassment charges for her threatening you.

[imenid37]

Empty threats. They need the phone # of an agency. They are probably too damn cheap to pay for what they need. What amazes me is how an employee like the charge nurse gets right on board with this BS!

[Kooky Korky, BSN, RN]

Jensmom7 said:

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.

Usually nurses do fold up when BON threats start. Management will lie, misconstrue, and do anything they think they can get away with if they want to get rid of someone or punish someone.

They might be able to mandate you. That is possible. But they should not be using it for staffing except in an emergency. Some places try to do it routinely. One employer I had did it frequently

(a couple of times each week) to some aides. Only happened to me 3 or 4 times per year and that was on terrible weather days - hurricanes, blizzards, ice. Or like now in Tennessee with multiple fires burning and extreme number of casualties and sick people are predictable - I can understand mandating in cases like that.

I never minded having to stay in situations like that or if my relief was ill or injured at the last minute, which happened only once. Even if a place has a float pool or volunteers or makes managers, the staff educator, MDS Coordinator, ADON, Occupational Health Nurse, or whoever fill in, they might still be short-staffed on a rare occasion.

One aide told me he had worked 16 hours and was then told he should get a meal and then rest in an area provided for staff. He said he was not allowed to leave the building and was to be back on duty in 8 hours but was not being paid for having to remain physically present. This was a severe weather situation. He complied but we didn't think it was right to not pay him for all the hours he had to stay because he was actually available to be put on duty any time since they knew where he was. I hope he had a couple of changes of clothes.

Is mandating legal? I don't know. You have to talk with attorneys on that. I think it would be unethical to not stay in the case of an emergency. But for routine coverage of foreknown staffing shortages? No. Workers have kids, health issues of their own, obligations outside of work, business matters to attend to, elderly loved ones to care for, and many other things they must take care of, like sleep and family time.

The rule was that if you were mandated and refused to stay, you would be terminated. They never did that, though, so it was a real problem for those staff who were afraid of being fired. They were pulling the heavy load while other staff never stayed except voluntarily when they wanted overtime. Some staff were written up, at the whim of managers. total unfairness.

Good luck.

[Kooky Korky, BSN, RN]

imenid37 said:

Empty threats. They need the phone # of an agency. They are probably too damn cheap to pay for what they need. What amazes me is how an employee like the charge nurse gets right on board with this BS!

Charge wants to keep her job.

[Kooky Korky, BSN, RN]

MC_RN said:

Kindly print your charge nurse a copy of the labor laws for your state that prohibit mandatory overtime, and use your chain of command all the way up the ladder to administration if you have to. That should work, but if it doesn't get a lawyer and file a harassment complaint for hostile work environment. While you are at it go ahead and file a complaint with the Department of Labor and your State Board of Nursing. They will only bully you if you allow it to happen.

Be prepared to be fired and blacklisted. Not saying you shouldn't do this, but count the cost first. Find out from attorneys what all the facts are before you fight back.

To be forewarned is to be forearmed.

Admin is fully aware and approves of the strongarm tactics. Of course, they will lie and say they did not know and do not approve. Then you will be fired and can never work in their firm ever again.

But good luck. This is why unions exist.

[kbrn2002, ADN, RN]

Kooky Korky said:

Usually nurses do fold up when BON threats start. Management will lie, misconstrue, and do anything they think they can get away with if they want to get rid of someone or punish someone.

They might be able to mandate you. That is possible. But they should not be using it for staffing except in an emergency. Some places try to do it routinely. One employer I had did it frequently

(a couple of times each week) to some aides. Only happened to me 3 or 4 times per year and that was on terrible weather days - hurricanes, blizzards, ice. Or like now in Tennessee with multiple fires burning and extreme number of casualties and sick people are predictable - I can understand mandating in cases like that.

I never minded having to stay in situations like that or if my relief was ill or injured at the last minute, which happened only once. Even if a place has a float pool or volunteers or makes managers, the staff educator, MDS Coordinator, ADON, Occupational Health Nurse, or whoever fill in, they might still be short-staffed on a rare occasion.

One aide told me he had worked 16 hours and was then told he shd get a meal and then rest in an area provided for staff. He said he was not allowed to leave the building and was to be back on duty in 8 hours but was not being paid for having to remain physically present. This was a severe weather situation. He complied but we didn't think it was right to not pay him for all the hours he had to stay because he was actually available to be put on duty any time since they knew where he was. I hope he had a couple of changes of clothes.

oul

Is mandating legal? I don't know. You have to talk with attorneys on that. I think it would be unethical to not stay in the case of an emergency. But for routine coverage of foreknown staffing shortages? No. Workers have kids, health issues of their own, obligations outside of work, business matters to attend to, elderly loved ones to care for, and many other things they must take care of, like sleep and family time.

The rule was that if you were mandated and refused to stay, you would be terminated. They never did that, though, so it was a real problem for those staff who were afraid of being fired. They were pulling the heavy load while other staff never stayed except voluntarily when they wanted overtime. Some staff were written up, at the whim of managers. total unfairness.

Good luck.

Cripes, is that even legal? We have had staff stuck in the building for extreme weather, but when it happens the 8 hours we have to off the clock we are paid 1/2 wages for staying in the facility.

[Extra Pickles]

guys this situation was a year ago so pretty sure it's been worked out by now.