Mildly Threatening Comments

[JasmineFuzzy]

Good Morning Everyone -

I have resigned from my Nurse Practitioner position after fulfilling 4 months of a 2 year contract. The reasons why I did this are for a separate discussion. I have given 90 days notice per my contract requirement. I did not receive any sign on bonus, tuition reimbursement, and I was not recruited by a recruitment firm. When I submitted my resignation letter, my employer stated that he is "not accepting my resignation" and that if I leave, I am "abandoning my patients and my job." My job responsibilities are to follow up with patients after leaving the hospital to provide transitional care management. There are very few patients I have seen more than once. There are a select few patients that I see or call for chronic care management. These patients already have a primary care provider who provides most of their needs. I am wondering if resigning from a job actually constitutes patient abandonment and how I can avoid such accusations in the event that he contacts the BON or attempts to sue me. Also, I have never heard of an employer refusing a resignation. Is this legal? He also states that he will not pay me if he has to hire someone else and we are both working at the same time.

My biggest concern is with the accusation of patient abandonment. From what I have heard, the practice is responsible for sending letters to patients approximately 1 month ahead of time in order to notify them that the practitioner is exiting the practice. Since my employer is not "accepting my resignation," I don't think he will be sending these letters. Should I call the patients on my own or draft my own letter to send to them to document that I informed them of my departure?

Lastly, dose anyone know of a particular legal branch I can contact regarding this issue?

[djmatte, ADN, MSN, RN, NP]

I would certainly get a lawyer involved. Also consider reading your contract to see if there is anything that suggests you need to provide any form of follow up care.

[JasmineFuzzy]

What type of attorney would you suggest? Would it fall under employment or healthcare or both?

[djmatte, ADN, MSN, RN, NP]

Contract law would be my guess. Though you can look through your own contract to see if there is anything that could hold you to this standard. Odds are there won't be, but employers don't always do this stuff in a vacuum either.

[Oldmahubbard]

I find it ludicrous and highly improbable that one cannot give 90 day notice without being accused of abandonment.

You are getting out of there in the nick of time.

[guest416560]

If they threaten you with abandonment, go seek out a Psych NP and get yourself put on short term disability for stress and anxiety. See how long they keep you on the payroll. Fight fire with fire.

[NurseBlaq]

What are the BON laws in your state? Also, thoroughly read that contract. If you didn't receive any bonus I don't see how you can be held hostage and if you worked you're entitled to payment.

Also, don't post any more details on AN. Seek an attorney and contact someone at your state's BON and ask them about this situation. If nothing else, it gives them prior notice of the threat to your license due to a simple contract dispute. That's retaliation and I wouldn't take it lightly, especially after a threat to ruin your career.

[db2xs]

@JasmineFuzzy What state do you live in? Does it have an NP association/organization? Try reaching out to them; they may know a good attorney who deals specifically with nursing/nurse practitioner issues.

[NurseBlaq]

17 hours ago, NurseBlaq said:

What are the BON laws in your state? Also, thoroughly read that contract. If you didn't receive any bonus I don't see how you can be held hostage and if you worked you're entitled to payment.

Also, don't post any more details on AN. Seek an attorney and contact someone at your state's BON and ask them about this situation. If nothing else, it gives them prior notice of the threat to your license due to a simple contract dispute. That's retaliation and I wouldn't take it lightly, especially after a threat to ruin your career.

Forgot to add, start writing and documenting. Keep track of who you called, dates, times, what was said, quote as much as possible, etc. Don't forget hours worked, number of patients seen, and without breaking privacy laws, something that will help you remember the patient (like initials and diagnosis) so you can further back up your info. This is so you can be sure to get paid correctly. Say as little as possible to that guy. No telling what he may claim you said in the future so give him nothing but professional information relative to patient care, anything else silence.

[caliotter3]

First thought that comes to mind is that the employer will not send the letter and use lack of notification as part of the basis to accuse you of abandonment. I would seek legal counsel and I also would draft the letter and send it to the clients myself, via certified mail, to beat the employer to the punch. Do this even if the employer later does send a letter. You can't verify anything the employer is going to say or do in regard to this matter. He has put you on notice that he is out to destroy you. Don't let that happen.

[Corey Narry, MSN, RN, NP]

Sounds like you already know that the charge of patient abandonment in your case will only apply if a notice of your departure from the practice is not sent to your patients within 30 days of your resignation. This will also depend on your professional relationship with this employer. Is he your collaborating physician as well? if so, then he will be as much responsible for the patient abandonment charge if letters aren't sent. If you're in an independent practice state, then yes, it may be prudent to send the letters yourself. I would imagine a lawyer with experience with labor and employment can help you.

[AnnieNP, MSN, NP]

Definitely get an attorney involved.