LTC facility trying to fire me over refusing to take on 50 residents

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I have to get opinions, i cannot find much about the GA law against LTC facilities and nurse to resident ratios. So, my situation was basically an employee called out for the unit that is on the same floor as my unit. I get to work and they tell me that I have to take on both units all night! Both units contain 49 residents and one of the residents is very violent and has attacked many nurses. Management even threatened that if I did not take the keys to other hall that they would report me to state for abandonment, yet I was NOT scheduled to work that unit, and there and the day Nurse was still there. Also, I work 12 hr shifts, I had gotten called in on my day off just the day before this mess happened. This happened on a Thurs. I had already worked Mon, Tues, off wed, Supposed to work Thurs, Friday, Sat, and Sun. and they wanted me to take on 2 units by myself. Is this NOT crazy!!!

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I need some advice. I reported to work on time as I have at this facility for almost a year. I arrived to find out that the nurse on the other unit (on the same floor) had called out and that I am told take on both units for the night with a total of 49 residents! I reported to my scheduled unit and refused to take report or the keys to the other unit and called the DON to inform her that I did not feel comfortable that many residents for the night, She threatens to call state on me for abandonment.. can you believe that? And tells me to clock out once another nurse comes to take the hall. Didn't call me the next day, so i called her to confirm whether I was to return or not. She finally calls me back and says she took me off the schedule for the week and I am to speak with her and the administrator come Monday. This facility is ridiculous.. can't keep nurses and has to call agency.. I mean any advice?

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Specializes in Critical Care, ED, Cath lab, CTPAC,Trauma.

First...you cannot be charged with abandonment if you do not accept the assignment, Period.

Second I would call the states ombudsman, and GA BON to inquire about unsafe staffing.

Third here is a link to the states laws and LTC staffing but you are right it is not clear....http://www.pascenter.org/documents/Staffing_regulations_1_08.pdf

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Thank you, I will be contacting both agencies on Monday.

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Specializes in Gerontology, Med surg, Home Health.

What shift is this? 50 on the 11-7 seems okay to me. Impossible for the other two shifts.

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Specializes in Gerontology, Med surg, Home Health.

I believe it's only abandonment if you accept the assignment and then leave. If you didn't take the keys, you didn't accept the assignment. Yikes...sounds like an awful place.

I reported a nurse for abandonment once in the past 32 years. She threw her cell phone number to a CNA, said "I can't take it, call me if you need me" and then walked out of the building. It was a horror show...BON, DPH, lawyers...I never found out what, if anything, happened to her.

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Bad employers like to use "abandonment" charges as a threat to intimidate their nursing staff. In every state I've practiced in over the year (five so far), you would have to have accepted the assignment (taken report and the keys, as CapeCod notes) in order to have abandoned anyone, not simply arrived for work and entered the building. Probably best to ask your BON about the situation, however, to be sure.

On the other hand, there's a good chance you'll get fired for refusing the assignment, but it sounds like you'll be well rid of the place. Sometimes ya just gotta do what ya gotta do. Best wishes!

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Specializes in Pediatric.

I worked at a place similiar once...it is shameful what these homes will try to pull. You did the right thing.

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Absolutely.. Perfectly put.. Good riddens.. But unfortunatly I really hate leaving my residents .. I'm attached.. But my life will go on and there is definitely no shortage in LTC homes. Thank you!!

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Thank you.. I feel like that is not ethical whatsoever and it's a shame management approves such understaffing.. So sad for the residents

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Specializes in LTC,Hospice/palliative care,acute care.

I understood she was told to take both units with close to 50 residents on each for a total of close to 100.Color me confussed. Anyway-THAT does not sound safe to me.

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No both units total of 49 residents with 3 CNAs and all night, 7p to 7a one nurse

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