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

Nurses Professionalism

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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

Specializes in Cardiac Care.

Let me just reiterate what others have said... Your charge nurse is full of ****.

Specializes in Dialysis.
jrwest said:
I think I see what COULD happen though. He/she works 3 11. No one is slated to cover 11-7. so , since no one shows up at 1100, there is no one to give report to. Then that would be abandonment.

Time for a new job.

This is what is happening now where I work

Specializes in MICU, SICU, CICU.

The manager can not force you to schedule extra shifts beyond the required hours for your position.

In some states a nurse can be mandated to work an extended shift if there is no relief nurse or if there is an emergency situation.

The State Department of Labor for my state explains the mandatory overtime for nurses regulations in great detail.

Specializes in Psychiatry, Community, Nurse Manager, hospice.

Your charge nurse is bullying you.

Specializes in geriatrics.

Her failure to plan staffing does not constitute an emergency on your part.

She is making idle threats. Time to find another job for your peace of mind.

Specializes in PCCN.

but, seriously. What if no one shows up . who does she give her assignment to -the manager over the phone??? She cant just leave. How is that not abandonment?

On the rare occasion we do get a float, we still have to wait for them to show up from the previous floor. That becomes overtime.

There are many times I work we don't have a charge, or the charge has a full assignment.

And we ask for additional help, only to be told,"sorry, there isn't any"

This is how they are getting away with bullying.

Specializes in Family Practice.

Oh hell no!!!! Report her!!! She is so inappropriate!!! Threatening you because you are not going to work extra? I would quit. I had an issue working in LTC. I was the charge nurse and I was stuck with one CNA with 50 residents. I was done!! I started the rounds with the CNA getting their cares and placing water at the bedside. I had her rest and I caught the lights, then at 5 am we started again. I told the administrator as soon as he walked in there I quit and he threatened me with that shenanigan! I said go ahead good luck with that. I have very short patience with bullies and I have no qualms pumping their breaks when they feel they can threat, intimidate others into working over time or worse working short of staff.

Specializes in Family Practice.

Oh hell no!!!! Report her!!! She is so inappropriate!!! Threatening you because you are not going to work extra? I would quit. I had an issue working in LTC. I was the charge nurse and I was stuck with one CNA with 50 residents. I was done!! I started the rounds with the CNA getting their cares and placing water at the bedside. I had her rest and I caught the lights, then at 5 am we started again. I told the administrator as soon as he walked in there I quit and he threatened me with that shenanigan! I said go ahead good luck with that. I have very short patience with bullies and I have no qualms pumping their breaks when they feel they can threat, intimidate others into working over time or worse working short of staff. I can see if there was an emergency or a disaster but just because they have no staff and are too trifling in getting staff is not my problem.

Jensmom7 said

Quote
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.*

I agree, even 20 years ago you never heard that threat.

Specializes in UR/PA, Hematology/Oncology, Med Surg, Psych.

When I first started nursing, I worked in a LTC that used the same logic. I was mandated numerous times because I'd come in and work my shift then no one would show up to relieve me. Therefore I could not leave without being charged with abandonment. I think that is what the OP is referring to and he/she could be charged for abandonment if no nurse shows to relieve her and take patient report and the OP leaves. It's a Catch 22. At the same LTC, I was pregnant and a snow storm hit. I worked 3-11 and the night nurse called off so I was stuck. Then after I worked 11-7, the day nurse called off. Happily the ADON made it in and I stuck up for myself and said it was illegal for me to work 24 hours straight by labor law and she had to take report and work the floor.

Specializes in Critical Care.

We do have mandatory overtime where I work, but it goes by seniority and who last was mandated. We can be mandated up to 16 hours and it is rotated, the PM nurses have it the worst, especially ICU nurses. Consequently there is constant turnover, especially in the ICU. But that said it only happens if you are working your shift and the next shift is short. We are not mandated to come in on our off days. Nursing unions are working to have mandatory overtime outlawed in various states and I believe it has been outlawed in a couple states but couldn't tell you which ones. It is not outlawed in my state which has a Republican Gov & congress calling the shots for employers, not workers! Luckily I work nights and they usually have enough day nurses where I work since everyone loves day shift. The poor PM nurses have it the worst!

Frankly it is up to the hospitals to provide adequate staffing and to do what it takes. If that requires paying bonus or agency or travelers then that is what should be done. Mandatory overtime is simply the cheapest route that is why it's routinely used! Coercion seems to be part & parcel of nursing these days whether mandation or mandatory flu vaccination!

Sounds like a crock to me. Abandonment can only occur if you have accepted report for a pt then do not handoff report to another nurse at the end of your shift and you leave. If they don't have enough nurses to cover THEIR butts that is not your fault.

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