Need Help With Abandonment Law!!!

Katnip, RN · Jul 3, 2008

Check with your state's BON. Quitting without two weeks notice is not considered abandonment. However, you will probably be on the "will not rehire list". That means if you use this employer as a reference, they can tell your potential new one that you are not rehirable. So be ready to explain.

leslie :-D · Jul 3, 2008

this guy is f.o.s.

abandonment occurs only after taking report on your pts and then leaving.

good luck on your new job.

leslie

Atheos · Jul 3, 2008

I just quit my job at a home health agency, worst company I've ever worked for. I was unable to give 2 week notice as I'm starting new job right away. He told me without giving a 2 weeks notice, it was considered abandonment and he was going to report me to the Board of Nursing.
This guy is known to lie to me. If my memory serves correctly isn't job abandonment when you leave a job at home during your shift?

Your employer is incorrect.

There are 2 types of job abandonment. One pertains to labor law and one pertains nursing.

Labor Law - Quitting without giving notice is considered job abandonment. This is not illegal. This is actionable if you are under contract.

Nursing - Leaving without permission during a shift or when there is no one to take your assignment is prohibited. You could lose your license for that. You have to have accepted an assignment for this to stick. If you walk in the door and someone tells you that you are very short and you say forget it and leave then you have not committed abandonment.

The fact that you were not working when you quit means the BON won't and can't act on this.

racing-mom4, BSN, RN · Jul 3, 2008

Boy if you didnt need a reason to look for a new job as it was----that guy is crazy---best of luck...Run dont walk. Too bad you didnt have two weeks vacation or sick time built up. The only thing better than you leaving would be to collect another paycheck with out having to work there.

RN1989 · Jul 3, 2008

I've seen several HH agencies use this to keep their nurses from leaving. This is why I have never worked HH - just didn't want the hassle.

Rachel712LPN · Jul 3, 2008

The Conversation:

He said to me "Quitting without 2 weeks is unprofessional and I wont be able to find a replacement."

I replied, " Having a supervisor whom I never met call me and cuss me out is unprofessional. I will not stand for anyone talking to me the way she did. Nor do I want to work for a company who has people like that working for them. You finding a replacement is not my problem."

He said, "Well, you have to give a 2 weeks notice."

I said, "No I dont HAVE to, Ive done it before. Its not against the law."

He said, "Well, you did that elsewhere not here. You have to work the 2 weeks."

I said, "You cant make me go to work."

He said, "Well, its considered patient abandonment and I going to report you to the BON."

I figured this guy was F.O.S. as he has lied to me in the past and I know he knows NOTHING about nursing. I thought I was correct in remembering abandonment was only during your shift where there was no one else to replace you. I just wanted to make sure my license would be ok.

Atheos · Jul 3, 2008

Quitting without giving 2 weeks notice is not unprofessional.

- They don't fire or lay-off employees with 2 weeks notice.

- At-Will Employment states you have the right to quit anytime.

- 2 weeks notice policies are internal company policies only

- It can be rude to quit suddenly but hey, life happens.

Someone said this on this forum somewhere and I liked it. You aren't the answer to their staffing problems. :)

Rachel712LPN · Jul 3, 2008

I also figured he just threatened me hoping Id stay so he could by time to find a replacement. Yeah this guy is an a$$ and this was just proof I was making the right decision and getting out of there quick!!

Rachel712LPN · Jul 3, 2008

There was no paid time off, benefits were extremely expensive, and no paid holidays, also worked 16hr shifts with an hour drive to and from. I find myself asking, why did I take this job??

elkpark · Jul 3, 2008

Well, he can report you to the BON all he wants, but that doesn't mean anything is going to come of it. Of course, your state BON is the last word on what the definition of "abandonment" is in your state, but, in the three states in which I've practiced over the years, resigning without notice (other than while on duty, as you note) is not "abandonment."

As another poster noted, HH agencies and LTC facilities often use this as an attempt to intimidate employees into staying. There have been other posts here on AN about this same tactic over the years.

You do need to expect, though, that you're going to get a negative reference/report (even if it's only "ineligible for rehire," that's still negative) from this employer and be ready for that in your job interviews -- start practicing now how you can talk about the situation, if asked, without blaming the previous employer (a big red flag for potential employers!) and/or sounding defensive.

Sounds like you made a good choice in leaving. Best wishes!

BradleyRN · Jul 3, 2008

When i worked in LTC, there were several times that i actually counted narcotics with the off-going night nurse and took the keys, only to later have my facility double my assignment from 30 pts to 60 pts. I always refused the assignment, and my boss would threaten me with turning me in for abandonment stating "you have already taken the keys". I told them that i have the right to refuse any assignment i feel to be unsafe and that this is unsafe. I would like to see them try to turn me in for abandonment on such an assignment. I would guess they would be the ones in trouble if they told the BON that. Nonetheless, they always produced another nurse. If you know you cant handle an assignment, refuse it no matter what they threaten you with. That is your right and obligation to the welfare of the pts. There are ways of staffing no matter how they try to act as if you are all there is. Dont buy it. I never did and they always found more help. :twocents: