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.
Not sure about NY but in Rhode Island, when a facility mandates overtime, it is reportable to the department of health. I would probably file a complaint against the facility and then find a new job STAT.
I often had to stay over when I worked LTC. Once you accept the assignment it is yours until you get relief. Her threats are ridiculous but they do put you in a bad spot.
Here lately 12-18 hours d/t no relief showing up. I've decided never going back after this weekend...yes I have another job to start next week. Hope it's better!
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.
The thing is, this isn't her relief getting into an MVC on the way to work, creating a situation where she has no relief.
The noc nurse is on leave. Her absence was foreknown. This is a failure to plan on management's part -- not an emergency on the OP's part.
I work for the federal government and we are mandated for overtime all the time whether it is an emergency or not. Even with union representation we are still consistently mandated. If you say you cannot work mandated overtime due to a medical condition or other issues they can remove you from nursing and place you anywhere where mandatory overtime is not necessary or fire you for being unable to complete essential duties.
I work for the federal government and we are mandated for overtime all the time whether it is an emergency or not. Even with union representation we are still consistently mandated. If you say you cannot work mandated overtime due to a medical condition or other issues they can remove you from nursing and place you anywhere where mandatory overtime is not necessary or fire you for being unable to complete essential duties.
The point is not that she could be fired for refusal to work overtime. The point is that her manager is insinuating she could lose her license for "abandonment." Someone earlier in the thread provided a link to the relevant NY authority's stance on these kinds of threats and coercive tactics, and that agency stated that it would be highly unlikely for a nurse's license to be revoked for refusal to cover shifts that management had advance notice would need to be properly staffed for.
Specializes in Allergy/ENT, Occ Health, LTC/Skilled.
hollyspiller0253 said:
No need to be suspicious. This is real life... I assure you.
Her scenario happens all the time in the LTC I PRN at and I know quite a few other nurses who experience the same in other facilities. It's actually not uncommon in LTC. So much employee overturn because of the working conditions. It's nothing to have two people quit in a week.
It happens so frequently that I only work on days that if I have to work a double due to this, I can. Many of the open spots are known well ahead of time as well, there is just no one to fill them so the nurse before the empty shift is the default nurse and you have to stay or they can legally file abandonment charges on you.
I would find a new job and move on. I only work at this particular facility PRN because its close to my house and good while I am in school. I would never work there part/full time...I have kids, I cannot constantly have a back up plan if management decides to not cover holes in the schedule forcing me to stay for 16 hours.
Record what she's saying --- at least write it down. Take it to the boss at headquarters if you feel safe doing that. Or if you really want to fight fire with fire, sue for harassment/ breach of contract.
Hi Holly, I'd write an e-mail to H.R. and Risk-Management and copy her on it. Let us know if she is still employed there. RM would immediately see that she is an immense liability to the hospital. You could sue for big $$$.
hollyspiller0253
24 Posts
No need to be suspicious. This is real life... I assure you.