Please Help! Abandonment and Retro Pay

Nurses General Nursing

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Hi everyone!

I have a question about what is considered abandonment by an RN and how to request for retro pay (pay that was supposed to be included in my past check and wasn't for time worked).

I recently resigned from my job at a SNF, 5 hrs before my shift (I was at home). My manager threatened me with abandonment and I believe she did this so I would not purse my retro pay, here's why...

When hired for this job I was promised a $2 increase in pay after my probation period was over. After contacting my manager over the course of 30 days 'after' my probation was over it was continually not taken care of. During this time I began to look for a different job. Once I revived a better job offer I gave my two weeks and because she was so busy preparing for state to visit our facility, she had not adjusted my pay as she told me.

So I decided to not continue my curtesy 2 weeks notice and resigned that day. Here's what I emailed her for documentation:

"Hi (manager),

When I accepted this job, you offered me $2 increase with no mentioned contingency after 90 days, that is the reason why I accepted this job offer as I had multiple job offers. I asked to get it in writing at that time but you assured me that you were really good at taking care of this sort of stuff. My 90 days have been up for a month now (end date 3/14/18, today 5/13/18) and I've contacted you multiple times (in person, phone, and text) about it being completed over the course of the last 30 days (30 days ago, 16 days ago, last week and three days ago) I have not received a confirmed response message (text or email or voicemail) $2 increase on top of my original pay was suppose to take effect on my last two pay checks as promised when hired. I wanted to continue working at (facility) per diem after talking to you about my two weeks notice on 4/9/18. But as of now, nothing has been done, I do not feel secure or safe in this job. I am resigning as of now.

Thank you for this growth and opportunity,

... ... RN"

I resigned 5hrs before my next shift while I was at home. She then threatened me with reporting me for abandonment and jeopardizing Pt safety. Is that legal?

I was scared for my license and did not want to jeopardize something that I had worked so hard for that is why I did not come in so she could find a reason to fire me after my two weeks and still not retro pay me for the previous 30 days worked. She owes me over $500 and I believe she thinks I will not purse getting it back after her threat of abandonment.

where can I find the rules/ regulations, what is considered abandonment as an RN in the state of California? What is your advice on getting back my pay?

As for proof of the retro pay I have a text message sent to me that she was going to retro pay me, after I sent her my recognition. Before that she made sure there was no paper trail, she would always respond in person or over the phone.

thank you for your help and time, greatly appreciated! :)

Specializes in Emergency, Telemetry, Transplant.
I asked to get it in writing at that time but you assured me that you were really good at taking care of this sort of stuff.

This can be a lesson for others--unless it is in writing, it is meaningless. I don't know if her claim of "abandonment" is just to intimate you into not fighting for the retro pay, but, since it was not in writing, there is basically no chance for you to get it back anyway.

Not sure if she is reacting to the "safe and secure" line, but, IMHO, it was a bit over the top on your part.

Specializes in Med/Surg/Infection Control/Geriatrics.

Abandonment is not what this is. Abandonment is accepting an assignment at work and then leaving with no coverage for your patients. Your state labor laws can help you get paid what you are owed for hours already worked. Contact your state labor office and lodge a complaint. They will investigate the matter.

They will send you the forms that you need. Labor & Workforce Development Agency

Hope this helps. Calm down. It will be ok.

It won't be as hard as you think.

But honestly? I would report her conduct to the Board. It's unethical and threatening with ignorance of the Nurse Practice Act.

Specializes in Med/Surg/Infection Control/Geriatrics.
This can be a lesson for others--unless it is in writing, it is meaningless. I don't know if her claim of "abandonment" is just to intimate you into not fighting for the retro pay, but, since it was not in writing, there is basically no chance for you to get it back anyway.

Not sure if she is reacting to the "safe and secure" line, but, IMHO, it was a bit over the top on your part.

I'm not so sure. She can check with her state Labor Board. They are really good at going after what is owed for hours worked at least.

Specializes in Med/Surg/Infection Control/Geriatrics.
Nope. In order for it to be abandonment you would had to shown up to work and accepted the assignment.

Exactly.

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