Can they demand a 4 week notice and pay me minimum wage? Abandonment?

MJB2010 · Jan 10, 2012

What state are you in? Do you have a copy of this handbook? Did you sign it? Did you actually read this when you accepted the job? I'd call a labor lawyer,that sounds absurd.

Altra, BSN, RN · Jan 10, 2012

1. You cannot be charged with abandonment of a patient not currently in your care. Assuming that you don't leave in the middle of a shift without giving report to anyone ... that bogus claim is out the window.

2. Regarding the pay ... I doubt this is legal, but I am not an employment attorney. But what concerns me is that if they actually print it in the employee handbook, they're likely to try and carry it out. I suggest you contact an attorney immediately. A consultation fee of a couple hundred bucks would be money well-spent in this case - preserving your earned pay, and giving this organization notice that their tactics are not within the law.

3. Two weeks notice for staff positions is standard; however, 3 and 4 weeks are not unheard of. Be sure that your resignation is in writing, addressed to the appropriate person to whom you formally report, is dated, and contains both the date 2 or 4 weeks from the date of the letter AND the last date you will be working according to the posted schedule.

Good luck in your new job! :)

caliotter3 · Jan 10, 2012

I would definitely seek the advice of a labor law attorney. And if the job otherwise suits your purposes, I would stick with it until I found something better. As far as I am concerned, I have always tried to give two weeks notice, although I live in an at will state, and two weeks or longer is not required.

KelRN215, BSN, RN · Jan 10, 2012

I agree this sounds absurd however, as far as pay practices go, the only legal requirement is that employees must be paid at least minimum wage. If you were working for a higher rate, though, I'm not sure that it is legal to cut your pay once they know you are leaving because that could be seen as punishment for leaving. Do you have a contract?

Horseshoe, BSN, RN · Jan 10, 2012

i work for a company that in the employee handbook it states that if you leave from the day you put in your notice, which may be no less then 4 weeks you get minimum wage for all prior wages to be paid and for the rest of the time. is this even legal?
then when one of the administration persons was telling me what the company will do to me if i leave???? like if i dont give 4 weeks they will report me to obn for abandonment, and even if i do give notice they will only pay me minimum wage? who in their right mind would give notice to a place that says, since you did the right thing and gave notice we are going to take away 17.00 an hour???? it felt like the person was trying to scare me, and i did not like it.

please call them out on this bs because that's exactly what it is. tell them that you are familiar with your state's nurse practice act and that you know that giving less than four weeks notice is not mandated by the state and nowhere near qualifies as patient abandonment.

DemonWings · Jan 10, 2012

Caliotter3: How do you know if you live in an at will state? Just curious, Ive seen this phrase many times and was not sure what states are at will and which ones are not, Thanks:)

And OP good luck, hope you find yourself a good attorney.

CrunchRN, ADN, RN · Jan 10, 2012

I would run for the hills....

SuesquatchRN, BSN, RN · Jan 10, 2012

I'd report off and the end of my shift, tell TPTB I'm not returning, and make like a banana and split.

mazy · Jan 10, 2012

How long have you been working there? In my state most jobs have a 90 day probation period in which either you or the employer have the right to terminate employment without repercussion.

The minimum wage thing sounds crazy. What exactly are they saying will happen if you leave before the four weeks? Because the abandonment claim is completely wrong, as others have stated, you cannot be charged with abandonment if you haven't accepted an assignment.

I have a hard time believing, given the environment you are working in, that other employees haven't just picked up and left, or gone home after work and decided not to go back.

netglow, ASN, RN · Jan 10, 2012

What a absolute horrible place. I am sure that they have employees just leave daily as Mazy has said. They obviously have a low opinion of nurses and, of the patients under their care. I am sure there is more where that came from. I'd give them notice via certified letter

Esme12, ASN, BSN, RN · Jan 10, 2012

Your employer must pay the agreed upon rate of pay. A promise of future pay increases is not an agreed upon rate of pay. Your employer can change or reduce your rate of pay at any time. The employer must notify you of any reduction in your pay rate prior to the work being performed. Absent an agreed upon rate of pay, employers are only required to pay the minimum wage. IDOL

As crazy as it sounds they can and if you signed your employee handbook....you've already agreed to their terms. Always read think thoroughly before singing anything. 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.

I think you need to leave this company ASAP. Find some per diem stuff and give you notice and get another job ASAP......and ALWAYS be more careful what you sign when you are hired.

Let us knw how this all works out....I'm curious...Good luck!! :)