My DON accused me of patient abandonment during a snowstorm

[NurseScorpio88]

Today, I was accused of patient abandonment for leaving work during a snowstorm. Please enlighten me!

I was working 7-3 last Tuesday, there was a snowstorm coming. I had asked my DON if I can do a double shift for that day and have a day off the next day. She told me no and that can't happen because there will be probably more call outs the next day because of the storm. So I gave the status report of my patient to next incoming nurse, did our narcotics count and went home thinking that I have to come back the next day since they're not allowing me to do double and have the day off. I went home and help my husband shovel, I never even paid attention to my Phone because I was worried of my Husband going to work ( we were getting 18 inches of snow that day and he is a nurse as well)

When I checked my Phone my DON left me 2 messages, she told me that I was supposed to do a double today and have my day off the next day. Apparently I didn't know about this until 7pm, so I called her and shes not there anymore. Called her the next day and she said to come see her on Monday and that she won't discuss anything over the phone. (Called her on a Wednesday and I have 4 days off, Monday is my next duty sched)

I talked to her today (Monday) and she said she is going to report me to the BON for abandoning of posts, patient abandonment. Her reason was I left the building without saying anything to her, but my question is

1. Can it be abandonment if I did my status report with the incoming nurse?

2. Can it be abandonment if my other colleagues saw me left the building?

Please enlighten me because this is my First Job.

ADDITIONAL INFO:

Sorry for the edit but I forgot to mention that I gave my 2 weeks last Wednesday ( the day they took me off the schedule-- and made it look like they gave me a day off). After the DON told me that I was abandoning my post for leaving last Tuesday, DON asked me when is supposed to be my last day, told them March 28, they said no Today (Monday 3/19/18) is your last day, you are done. Get your things and do not say anything to anyone on your floor.

then this happened...

My Senior Nurse just called me after her shift today and told me that they've been telling everyone that I resigned effective immediately today. My senior nurse was surprised, she then told the DON that, it is not my character to do that. And that it does not make any sense at all that I went to work just to tell them I resigned.

I was just trying to help out, since I was there already. All I want is a day off the next day.

Also this Nursing Home has no HR Department so you don't really know who to ask.

[NurseScorpio88]

JenTheSchoolRN said:

I agree that you should get a lawyer. Do you have malpractice insurance? You can start with a lawyer there. But everything should go through them. It will be money well spent.

Unfortunately I don't have one.

[NurseScorpio88]

blondy2061h said:

Reading this I'm so angry for you. Usually in the "I'm fired and I don't understand why" posts, the poster clearly did something wrong. Not in this case. You've be handed an injustice.

I was speechless. I wish I knew that my request was granted. All I want was a compromise.

[Katillac, RN]

Flat out no, there is no case for abandonment here. You worked your scheduled shift then reported off to a nurse who accepted the assignment. It doesn't matter what your DON says, this is not abandonment. Of course, unless you are in a union, she can fire you for not doing what she wanted - in her head - you to do. Or maybe staffing went Dixie and she had to throw somebody under the bus, and you were the lucky one. Maybe she wanted to pull the nurse you reported off to and put her on another unit, and forgot to communicate it. Things get squirrely during weather emergencies.

With that said, I'm going to differ from the crowd here and say it's premature to get a lawyer. You can't "get ahead" of this. BONs are aware that managers threaten to report abandonment all the time to get you to work. But if and when you ever do hear from the BON, IMMEDIATELY get a lawyer. And I agree with other posters here, don't communicate at all with your former employer. There's no point, your DON is never going to change her story, she's either going to try and report you or she isn't. And anything you communicate could be used against you if the BON ever did investigate. For example, your offering to work double suggests you knew there may be staffing issues. See what I mean?

But what I WOULD do is right this minute sit down and write down every single detail about the incident. Who said what when, who you gave report to (including contact information if you can somehow get it), how many patients, who witnessed you giving report, where you were in the building, etc. Keep it somewhere super safe for your lawyer in case the BON does ever contact you.

I especially like the part about how the DON says you abandoned your post because you left without telling her. Sorry, Miss DON, a nurse leaving at an inconvenient time and making YOU feel abandoned is not an issue the BON cares about.

[ruby_jane, BSN, RN]

NurseScorpio88 said:

That's the thing that made me confused, which part did I abandoned the patient if I gave the report already.

You're not confused. You didn't take assignment, therefore, no abandonment. Sorry this is happening to you.

[SpankedInPittsburgh, DNP, RN]

How about this for a compromise? The employer promises to drop this nonsense and give you a good reference and you promise to never darken the door of their establishment again. Seriously, you don't want to go back there. You are on the powers that be hit list now which rarely ends well. Go elsewhere and get a fresh start

[ThePsychWhisperer, BSN, MSN, APRN, NP]

I agree with everyone else that this is NOT abandonment, as there was another nurse that took report and responsibility for your patient load before you left the premises. I also agree that this was probably an issue of inadequate staffing, so your DON decided to do the unethical thing and throw you under the bus, as it was easier than her admitting that she made a goof. Personally, I would let this ride while I (quietly) started looking for another job. If you do hear from the board (not likely, since this was most likely a bluff), retain a lawyer. If it is brought up again by your DON, you should simply "respectfully decline to discuss this further without your lawyer present," as true abandonment is a serious issue; don't risk saying something that could be used against you without representation.

[sallyrnrrt, ADN, RN]

This is blatant bulkying, harbor in on passive aggression, you gave report to on coming nurse, she had already denied your request to do the double....bON not a case....I agree talk to a lawyer

[Neats, BSN]

And this is why I always say can you send me an email, have the schedule there so they may initial the date, or have a witness so these situations never get out of control.

I once went into a very bad SNF as the LNHA-consult, After 10 days some staff told their corporate I was never there...fortunately I had my lap top and hubby is an IT nerd, he was able to print out all my login times and log out times location from the very same facility where several people said I was never there. Was so frustrated that I had to produce this when their own IT could have done this. It was not a major SNF chain rather a small 10 facility chain in a different state in which I lived.

Lesson learned from that is I can believe but always get some sort of written confirmation on everything.

[NurseScorpio88]

caliotter3 said:

Have the attorney send the communication to the ex-employer.

That is what I'm thinking right now.

[NurseScorpio88]

SpankedInPittsburgh said:

How about this for a compromise? The employer promises to drop this nonsense and give you a good reference and you promise to never darken the door of their establishment again. Seriously, you don't want to go back there. You are on the powers that be hit list now which rarely ends well. Go elsewhere and get a fresh start

I forgot to mention I handed off my 2 weeks notice but they fired me instead.

[NurseScorpio88]

Katillac said:

Flat out no, there is no case for abandonment here. You worked your scheduled shift then reported off to a nurse who accepted the assignment. It doesn't matter what your DON says, this is not abandonment. Of course, unless you are in a union, she can fire you for not doing what she wanted - in her head - you to do. Or maybe staffing went Dixie and she had to throw somebody under the bus, and you were the lucky one. Maybe she wanted to pull the nurse you reported off to and put her on another unit, and forgot to communicate it. Things get squirrely during weather emergencies.

With that said, I'm going to differ from the crowd here and say it's premature to get a lawyer. You can't "get ahead" of this. BONs are aware that managers threaten to report abandonment all the time to get you to work. But if and when you ever do hear from the BON, IMMEDIATELY get a lawyer. And I agree with other posters here, don't communicate at all with your former employer. There's no point, your DON is never going to change her story, she's either going to try and report you or she isn't. And anything you communicate could be used against you if the BON ever did investigate. For example, your offering to work double suggests you knew there may be staffing issues. See what I mean?

But what I WOULD do is right this minute sit down and write down every single detail about the incident. Who said what when, who you gave report to (including contact information if you can somehow get it), how many patients, who witnessed you giving report, where you were in the building, etc. Keep it somewhere super safe for your lawyer in case the BON does ever contact you.

I especially like the part about how the DON says you abandoned your post because you left without telling her. Sorry, Miss DON, a nurse leaving at an inconvenient time and making YOU feel abandoned is not an issue the BON cares about.

I forgot to mention ( so I edited my post) that I gave my 2 weeks notice last Wednesday. I'm writing everything right now like what you said. I have every information and witnesses that heard her say No. And yes I do not understand when she said it's abandonment when I left the building and I didn't say anything to her.

[Workitinurfava, BSN, RN]

.. That DON sounds nutty.