Is this legal?

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Specializes in Geriatric.

Say you come to work running a temp and hacking up a lung, you're seen in the ER during your break, the doctor states you're really sick, prescribes two ATB and breathing tx's, and writes you a note to be off work for 48 hours because he doesn't want his patients getting sick.

The staffer calls the person on call to come cover for you whom is a CMA. Technically there isn't a nurse on the floor (because it's long term care) if she covers, but there's 4 nurses down the hall in the hospital if needed which is fully attached.

Can you get in trouble with the state for job abandonment? As a new nurse I don't understand all the legal things. The nurse in question is me and I chose to stay against doctors (and the administrators) orders because I was informed that I would be reported for job abandonment.

Also I should mention I work for an agency and the DON told my boss that I've been late and a no call no show many times which is a lie and I told my boss to please investigate that claim.

Can anyone give me advice or is this 'no mans land' for the forum since it's a legal question. Which I would understand if it is.

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Assume you are not a member of a union at this job, so that is out. Have a frank talk with your supervisor at your agency. If you are not satisfied, then have a frank talk with the Labor Board, if that does not prove fruitful, then see an employment attorney. Only advice that I have. Sick is sick, and sick has no business around sick patients when sick's doctor told sick to go home for 48 hours.

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Specializes in Geriatric.

Thanks for the reply. I plan on talking to the business office with whom I am employed tomorrow as the person I spoke to is just the on call person and I plan on asking my boss to call the administrator of the facility who also told me to go home. I also plan on asking for another facility to go to because I don't appreciate being threatened by a facility I bend over backwards for because they're short staffed. I am also not a member of a union but I do have nursing liability and . Not sure if that matters.

I'm staying because I'm fearful of losing my license. I just didn't know if the threat was legal.

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Specializes in Trauma, Orthopedics.

Just because they told you to go home doesn't mean you don't have to give report to the oncoming nurse. From what I've read on here, leaving without reporting off to an oncoming nurse would be grounds for abandonment. Also, how can they have a CMA replace the job a nurse is doing? I definitely wouldn't have left without reporting off to another nurse (someone correct me if I'm wrong).

I wouldn't want to go back there either. Yikes.

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Specializes in Geriatric.

That's something I don't understand. If a CMA can't take a shift for a nurse why are they allowed to be on call? But yes I agree, there were many factors that made me choose to stay and that was one of them. I didn't call her to replace me though, their scheduler did.

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There are more than enough red flags in your post. Do not go back! This doesn't end well for you :(

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I initially thought the question was whether it was legal to endanger your patients by going to work febrile with a productive cough.

Whether or not it's legal, it's irresponsible.

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Specializes in PCT, RN.

I was always told that it was only abandonment if you do not "hand over" your patients to the person covering for you/taking over for you.

Whether you're leaving because you're sick or leaving at the end of your shift, you could be in trouble for abandonment if you don't give report and pass over your patients to the next person.

As long as you are giving report to the person who was sent to take over, you shouldn't be able to be in trouble for abandonment.

But maybe there is more to it than that.

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Talk to your agency about switching positions. LTC requires a nurse be present. Some states requuire it to be a RN not just a nurse. If you have questions about your state requirements contact your BON

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Specializes in Geriatric.

For anyone curious, I spoke to my agency today and they had called the facility. Long story short, the facility denied anything ever happened. My agency keeps notes of all the calls so they have it all on record because the facility called them after hours and so did I when the incident happened. It's all noted even though they're now denying it.

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