Patient Abandonment

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I was currently an RN Case Manager at a home care agency. This agency had been struggling to pay the nurses for quite sometime. I held on thinking they were going to make it through whatever financial issues they were having. Eventually, instead of a few days late, my paycheck was two weeks late... I was becoming behind on bills and it was causing issues at home. I gave my notice on a Thursday afternoon verbally. The next day I handed in a written notice. I had given them 30 days, however in the notice I put a stipulation stating if pay was ever more than 7 days late I would terminate my employment immediately.

A week later there I was having to ask Friday afternoon where my pay was. There was no pay and they could not tell me when I would ever get the paycheck that was already 7 days late. I told them that day would be my last day. I worked the rest of the day, typed up a list of patients, issues, and frequencies then gave it to the supervisor/DON.

A week later I still had no pay and now they were two entire paychecks behind. They told me if I try to do anything like reporting them they would pay my remainder owed out at minimum wage and they would get me for patient abandonment!!!!!!!!!!!!!!!!!!! I know I didn't abandon my patients. My question is how far would this go in court and has anyone ever dealt with this before???

Sorry so long, any response is appreciated!!!

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Specializes in critical care, ER,ICU, CVSURG, CCU.

bless you, what state is this going on in....

in texas the work force advocates with work related issues

our attorney general office can help with work wage and earnings issues :)

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Do you have ? This is one of those times you're going to want someone on your side in the legal arena.

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Specializes in MICU, SICU, CICU.

File a wage claim with your state department of labor. Do it now.

The abandonment threat is an intimidation tactic. You resigned and even if you had not given notice it still would not qualify as abandonment.

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I am in the state of Ohio. I had filed a compliant about two months prior to this. The reason I kept working was because they would give me a partial check and then catch up on pay later on the next week. Then it started to get worse and worse.

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Specializes in Med/Surg, Ortho, ASC.
File a wage claim with your state department of labor. Do it now.

The abandonment threat is an intimidation tactic. You resigned and even if you had not given notice it still would not qualify as abandonment.

This. Nurses in general seem to live in such fear that they will lose their license that manipulative employers can capitalize on that fear. Just file the wage claim as suggested and don't worry about the rest. No attorney required.

Trust me, if they can't even make payroll, they've got much bigger fish to fry at the moment.

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Specializes in Complex pedi to LTC/SA & now a manager.

File a claim with the state dept of labor they are in violation likely of the federal fair labor standards act. Then call your . Inform the dept of labor of the threat of retaliation for reporting the violation (whistleblower law may apply here) include dates times and names.

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File a claim with the state dept of labor they are in violation likely of the federal fair labor standards act. Then call your malpractice insurance. Inform the dept of labor of the threat of retaliation for reporting the violation (whistleblower law may apply here) include dates times and names.

Love that!!!

OP, you are not even remotely guilty of abandonment. And THEY KNOW THIS. Boy do they ever suck though.

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File a complaint with the attorney generals office and be sure to explain in detail the lovely threats that were handed to you. I would also file a complaint with Medicare. And the state elder affairs office, as if they are not paying, I am not sure who will be left working there for free, not to mention where exactly is the money the private payers are paying going to? Additionally, any insurance that they are taking.

With threats like that, I would counteract that in fact, you would love to go to the local press regarding this......(

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Report them to the Attorney General and the state labor dept. They should also be reported to Medicare/medicaid or the local health dept. You gave them notice, did you tell any of your patients that you were going to leave?? Did you keep a copy of your resignation? I really do not think it can be considered abandonment when you gave them notice. I agree this is their way of threatening you!! The Office on Aging might be interested as well!!! It is the companies responsibility to provide the nurses not you!! I think you should be able to sue them for back pay!!! Good luck!!

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I actually did threaten them that if I was not paid I would be contacting the BBB, my attorney, as well as the local press. It was after this threat that I was told they were going to get me with abandonment and only pay me minimum wage as I gave no notice. They are three weeks late on a weekly paycheck... they owe me roughly $2,500. I know it will end up in small claims court but I will still take it there. I am also all about getting them to show their true colors. The Medicare claim is brilliant!!! I will be doing that.

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Specializes in MICU, SICU, CICU.

You will be awarded 6% in damages , up to $200, if you are awarded a wage claim with the dept of labor.

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