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 OB-Gyn/Primary Care/Ambulatory Leadership.

Everyone - what she's being threatened with is NOT against the law, it's NOT against labor laws, and it's NOT against the BON. Legally, they CAN do it. And yes, if she refuses, it WOULD be patient abandonment. So I wish people would stop shrieking about contacting attorneys or the BON.

It's a really really crappy thing for them to do, but they certainly are within their legal rights to do it. IMO, the OP needs to talk with the manager, talk with HR, and if the expectation doesn't change, consider finding a different job.

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Sounds like this absolutely needs to be done!

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klone said:
Everyone - what she's being threatened with is NOT against the law, it's NOT against labor laws, and it's NOT against the BON. Legally, they CAN do it. And yes, if she refuses, it WOULD be patient abandonment. So I wish people would stop shrieking about contacting attorneys or the BON.

It's a really really crappy thing for them to do, but they certainly are within their legal rights to do it. IMO, the OP needs to talk with the manager, talk with HR, and if the expectation doesn't change, consider finding a different job.

Not according to this:

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1.Why is this information important for me?The New York State Education Department (SED) has received numerous requests from nurses and health care employers seeking clarification about actions that could be considered abandonment and lead to charges of unprofessional conduct against a nurse's license. Staff nurses were informing us that employers were threatening them with charges of abandonment to coerce them to work additional hours or to care for patients beyond their expertise. A memo was developed to clarify situations that the State Education Department would or would not consider to be patient abandonment. It was mailed to all currently licensed and registered Nurse practitioners (NPs), Registered Nurses (RNs) and Licensed Practical Nurses (LPNs).

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Is a hospital allowed to make a nurse work beyond her or his 12 hour-shift if hospital administration is aware of a shortage in staff on the next shift for several days in advance?The Education Department does not have jurisdiction over employer-employee policies for facilities that provide patient care. However, it is unlikely that the State Education Department would consider a charge of patient abandonment when a nurse refuses to accept an assignment for additional hours beyond the posted work schedule when administration has been aware for several days of the presence of a staff shortage on a particular shift and when the nurse has notified the employer of refusal to accept the assignment.

http://www.op.nysed.gov/prof/nurse/nurseabandon-qa.htm

The OP says she is from NY, and this applies to NYS nurses.

The OP should copy this and hand it to her charge nurse.

And then find a better place to work.

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Specializes in Psychiatric, Aesthetics.

Make sure you document everything! I'll bet your file is full of things...

Then, take these steps:

1. Look into attorneys

2. Hit the pavement- start looking yesterday

3. Next time it happens, offer her a pen

4. Appeal

5. Call #1 and sue- people hate interrogatories, depositions, etc... Especially hospitals. It's all public record, ya know.

And 6. GET OUT of that place yesterday! You have a target on your back.

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OP- , get it and keep it. Unless your union contract talks about mandatory overtime, there is no legality in the threats.

Even if your union contract talks about mandatory overtime, I would speak to a delegate on what that means.

What she could do is just trump up poop to make your nursing life hell. So please, get the insurance, start looking for other employment.

ALSO...be sure to go to your parent company website and file a complaint against this person and the threats.

Oh, and do NOT get into a situation where you show up for your 3-11, with no one to come in 11-7 that you can report off to. THEN that would be "abandonment" should you leave. First time that happened would be my last shift there--and would 1-800 and attorney the next day.

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I was the only licensed nurse for night shift at a 52 bed facility. I got caught up in this type of situation when nurses and nursing assistants started getting "sick" regularly or quitting, left and right. When I called the ADON for help, she wouldn't even answer her phone. Talk about the world's slowest med pass, when I was too exhausted to be working. A group of us joked one night that all of us were going to go out on the town together, leaving the place locked up behind us, and we would take off our name tags so nobody would know where we were from. It seemed funny at the time, but only because we were trying to create some humor. Did not last long at that place, I joined the nurses who were leaving.

That is what you need to do. Leave for a better workplace.

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Specializes in Rural, Midwifery, CCU, Ortho, Telemedicin.

"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"."

As a very long time nurse I absolutely agree with you. About 30 years ago I got the same threat, as I was leaving, on my last day of employment, and ended up working a 24, yes 24 hour shift. By the time I got to the airplane to go home a few hours later = they thought I was drunk. I had a hard time getting on the plane but, again - different times, I made it and ended up sleeping all the way across the country. My aagency was, fortunately for me, very unhappy with the hospital and informed me of "rights" and I believe that they filed nasty's with the hospital upper management. Since then I grew up, found legalities of great and lasting interest and having "served" in administration - now know that yours is a wonderful solution. It puts the ball back in their court. Unfortunately, many of our young are where I was then. As a Supervisor I know that mandation is only for last minute emergency use, and a notification of the possibility has to have been posted either at hire, or prior to the event with sufficient time for the employee to have read and understood the new policy. Too bad that so many administrative personnel believe that their title entitles them to act in a Caligulian, Machiavellian manner, thus risking not only their own license but a civil suit for threat(assault). If their is union representation then the union should be notified which will give the nurse the basis and proof for any later action. Notification to the BORN legal section would also be usefull especially if someone is fool enough follow though and commit libel.

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Specializes in Urgent Care, Oncology.

This scenario was a discussion board question in my RN to BSN class recently so I'm kinda suspicious of this post.

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Specializes in PCCN.
jadelpn said:

Oh, and do NOT get into a situation where you show up for your 3-11, with no one to come in 11-7 that you can report off to. THEN that would be "abandonment" should you leave. First time that happened would be my last shift there--and would 1-800 and attorney the next day.

Ugh. So does that mean s/he comes in at 3 and looks to see if there is cvg at 11? And if there isn't , refuse to take report for 3 pm?

If this is indeed a real scenario, I hope OP has some applications in as we speak. Who needs a job like this when you have to play games ???

WoW. :madface:

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ixchel said:
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.)

I was actually going to do this. ~sigh~

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BuckyBadgerRN said:
Why do nurses believe this stuff? OP, I shake my head that you even feel threatened by this. How does a licensed nurse not understand the legal definition of abandonment?

She understands. Just doesn't care. Staffing there is so abysmal...she would try anything.

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klone said:
I'm only this far, so I don't know if this was addressed. But from what I gathered, these are patients whom the OP was taking care of during her shift, and the nurse who's out on leave comes on and takes over at 11p. They're wanting her to do a double shift (?). So yes, these are patients that she had assumed care for.

I'm speaking specifically to shifts open due to a DBL nurse.

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