Published Feb 23, 2008
stafll
3 Posts
does a CNA have a legal right to leave if she is being yelled at in front of employees and the residents and being treated unfairly and the DON said in her last mandatory meeting not to call late at night and was asking to work on her night off?.......... Now is this abandonment?
PsychNurseWannaBe, BSN, RN
747 Posts
Hello,
Unfortunately...this website is not set up to give legal advice. My advice is to either contact your HR department or check the BON website for information regarding the issue.
sirI, MSN, APRN, NP
17 Articles; 45,819 Posts
Hello and Welcome to allnurses.com
Good to have you with us, stafll.
As stated by PsychNurseWannaBe, we cannot offer legal advice for it is beyond the scope of allnurses.com.
We can, however, discuss these issues, but no giving/asking for, legal advice.
Thanks. And, we hope you enjoy the site.
pagandeva2000, LPN
7,984 Posts
As others have stated, no one can give legal advice. But, if you are asking if you can quit by giving notification, no one can stop you.
Kymmi
340 Posts
I do not understand the question at all...what exactly are you asking our opinion on?
rn2bnwi, BSN, RN
295 Posts
its really hard when you feel disrespected in front of coworkers and residents. im an agency cna and thankfully I usually have very nice people whereever I go. but I did go to one facility where I was disrespected and basically forced to listen while they stood there for an hour talking about how useless i was, (while I was answering their patients call lights and they sat at the nurse's station) I just tried to have a positive attitude because it wasn't the residents fault and the only thing I could control was my attitude, I later found out throught other agency cna that they have treated every agency person like that and it was nothing 'personal' , i just choose not to go there anymore. I do think its hard but even if its hard and embarrassing it shows more character to stick it out when you are being treated unfairly and address the situation through the protocal set up, and more importantly it is important to stay so that the residents get their quality care they deserve. (((((((((((((((bighug)))))))))))))))))
caliotter3
38,333 Posts
Several CNAs walked off the job at a place where I once worked and the nurse manager ran after them into the parking lot and yelled at them that they had their names and CNA cert numbers and would report them to the state for abandonment when the CNAs (new hires) came to work their first day and found out they had assignments of 20 or more residents. That incident brought about a lot of discussion within the nursing community because many people worked at more than one facility or had friends around at different facilities. The general consensus: once you have received report and accepted an assignment for the day, if you decide to quit your job, the wise thing to do is to finish your shift and then quit. Don't come to work the next day. Inform your employer that you quit. Never leave an assignment you have started until the shift is completed. That way your behind is covered when it comes to the topic of abandonment. HTH
Basically The CNA was asked if she wanted to work overtime and went in on the evening to help out. She was then being yelled at in front of the co-workers and the patients.....She felt humiliated because she was not able to talk to the Nurse to explain her situation at that point of time so she quit walked out due to the mental abuse of her co-worker. The DON said not to call her late on the weekends in her last meeting. Do you understand now!
Ya know this will be hard to talk about since abandonment is a legal issue. I have heard of employers threatening nurses with calling the BON if the nurses did not accept the shift.
I can say that from what I was taught…you must accept a shift and then if you were to walk away…that could be bad. Now to swing away from any hint of legal talk, if I were in a similar situation in which a boss was yelling at me… I would not leave. Personally, having someone yell at me would not absolve me of my duty to my patients. Additionally if my boss was yelling at me, I would attempt to talk with him/her or go over his/her head. If still unsatisfied, I would finish the shift and then consider putting a notice in or immediately quitting; depending on the circumstances.
elkpark
14,633 Posts
I can't think of circumstances in which walking out in the middle of a shift wouldn't be considered "abandonment." Being angry or feeling humiliated is certainly not any justification for abandoning clients. I agree with all the other posters who have said that the appropriate course of action is to finish your shift, regardless, and then take whatever steps you feel you need to.
Ya know this will be hard to talk about since abandonment is a legal issue. I have heard of employers threatening nurses with calling the BON if the nurses did not accept the shift. I can say that from what I was taught...you must accept a shift and then if you were to walk away...that could be bad. Now to swing away from any hint of legal talk, if I were in a similar situation in which a boss was yelling at me... I would not leave. Personally, having someone yell at me would not absolve me of my duty to my patients. Additionally if my boss was yelling at me, I would attempt to talk with him/her or go over his/her head. If still unsatisfied, I would finish the shift and then consider putting a notice in or immediately quitting; depending on the circumstances.
I can say that from what I was taught...you must accept a shift and then if you were to walk away...that could be bad. Now to swing away from any hint of legal talk, if I were in a similar situation in which a boss was yelling at me... I would not leave. Personally, having someone yell at me would not absolve me of my duty to my patients. Additionally if my boss was yelling at me, I would attempt to talk with him/her or go over his/her head. If still unsatisfied, I would finish the shift and then consider putting a notice in or immediately quitting; depending on the circumstances.
I can agree with all the above thanks for everyones advice and I am definitely not there to hurt anyone or abandon the patients as well...I do know that the shift was covered with other CNAs.
You know,since I have been in this field I have seen abuse through other People on residents and have told a RN about the situation and then got my life threaten this was years ago...Plus, they fired me because they knew I new about this. What in the world is up with that.....I know that here in Colorado they will not tolerate that.
I love caring for others....I have a lot to learn in this field as well...and its nice to chat with all of you that know
MrsCrypes
70 Posts
wow this is all so interesting...