Quit First NP Job Without Notice

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Specializes in 11 YRS ER RN, 6 YRS Travel RN, New Grad AG-ACNP.
Quit First NP Job Without Notice

Hello. I am a NP that worked for a private hospitalist group. Due to a family emergency (family member critically ill/possibly death, coded, in ICU), I had to go home (reside in a different state). This was during my work week, I advised my supervisor the minute I was made aware of situation. I offered to make up days when I return. I went to work the next day, took a full patient load, and was given updates via Facetime throughout the day. Spoke with doctor caring for said family member asking for meeting with family to "make a choice to pull off vent". Purchased ticket for next day. I completed all patient notes at work, signed all orders, gave a patient handoff the next day while en route to the hospital straight from airport. 

I gave supervisor 48 hour notice about situation, asked if there was anyone to cover me, was told no. Company did not offer PTO or sick leave. Doctor owned practice with very limited staff (only 2 NP's that flip flop work weeks, that's it). 

Doctor was not able to find anyone to replace me for the next three days. I gave my resignation via email and went home to deal with situation at hand. Family member was pulled off vent, however, suffered stroke, placed in nursing home, made DNR/hospice. 

My contact states to give a 60 day notice. Due to my state of mind at the time (high anxiety surrounding entire situation), I gave notice immediately (was not sure outcome of family member, was told death was a high possibility). 

Former employer kept my last paycheck for wages worked, accused me of being unprofessional for quitting without notice (despite they were made very aware of the situation at hand). I read contract, it did not state anything about withholding paycheck for regular hours work if adequate notice was not given, it does state withholding any bonuses if notice was not given (which I did not qualify for).

Also accused me of disrupting business practices because they had to find someone to cover my days (used the same NP that works there) and is threatening to report me for patient abandonment, saying because "I disrupted business practices". This is an in patient hospital setting. I am speaking with my malpractice company to see what my recourse is. Everything I have read regarding this states it's patient abandonment if there was patient harm or injury due to disruption of business practices (which is something they have to prove).

I was not happy with this position and was intending on giving a 60 day notice, but was unsure how I would be treated going forward. I feel this is retaliation for leaving because now the doctor will actually have to show up at the hospital and take patients. This was my first NP job and I was fully taken advantage of due to my lack knowledge (nothing to compare this job to)

What recourse do I have? Is this truly patient abandonment? At this point, I'm not worried about the paycheck they kept, I am more worried about my license. 

Thank you in advance. 

16 Answers

Specializes in Occupational Health.

Nothing wrong with talking with your malpractice rep but I would strongly recommend getting an attorney. Sounds like they have a case for pt abandonment due to "disrupted business practices" since you left after being told "no" and you were told that no coverage was available and, finally, there was no one was available to cover you for 3 days.  

While the situation with your family member is unfortunate and your being upset is understandable you chose to leave under the aforementioned circumstances and then, to make matters worse, quit without giving proper notice (another disruption to business practices). 

No one here can give you legal advice. However, obtaining legal advice from an attorney would be prudent and highly advisable. 

Specializes in Former NP now Internal medicine PGY-3.

If there wasn’t anything in contract about family emergency then I would be ultra weary especially with quittting at the same time. The quitting part does not help your case. This may not go well but obviously lawyer up though this is a hard case to sell. All emotion aside. 

Specializes in New Critical care NP, Critical care, Med-surg, LTC.

I am sorry for your family situation, but I do not think that 48 hours notice would be considered adequate in my hospital either. Our schedules are finalized weeks to months in advance and while the staffing shortages are certainly not the same as those being faced by the floor nurses, the hospitalist NP and MDs are also short staffed and over worked. If there are only two of you and the other NP was unavailable and the MD had to cover that was clearly not considered an ideal situation by your employer. 

I can see that this position might not have been ideal for you, it does sound like less than ideal conditions. I hope that there are no long lasting issues related to quitting. Good luck. 

Specializes in Psychiatry.

The idea that someone’s WORK should come before being there for a dying family member is laughable to me. I’m sorry, reschedule patients, it’s outpatient, they’ll be fine. There’s no chance on Earth I would miss a chance to say goodbye to a loved one because a selfish (typical capitalist American) physician decided I wouldn’t get PTO of any kind and put profit above literally the death of a loved one.

Also, never ever accept a job with no time off??

Specializes in New Critical care NP, Critical care, Med-surg, LTC.

Hopefully nothing will come in the way of legal action against you. You did what was right for you at that time to be with your family member. And you also did what was right for you at the time by taking the job.

I worked with two nurses in a previous position that worked 7 on 7 off for more than five years. It was great for the facility because they had 100% coverage and great continuity in care. I can see the positive aspects for both parties, even if I don't see it something that would work for me personally. They also didn't have vacation time because of the schedule, but it worked for them.

Hope you find something else that's a better fit. I guess the good thing about it being a smaller independent office is that you have some experience now and you're not likely to face a "do not rehire" at a big health system. Good luck. 

Specializes in Nephrology, Cardiology, ER, ICU.
21 hours ago, MentalKlarity said:

The idea that someone’s WORK should come before being there for a dying family member is laughable to me. I’m sorry, reschedule patients, it’s outpatient, they’ll be fine. There’s no chance on Earth I would miss a chance to say goodbye to a loved one because a selfish (typical capitalist American) physician decided I wouldn’t get PTO of any kind and put profit above literally the death of a loved one.

Also, never ever accept a job with no time off??

My understanding was this was a hospitalist position. I think it would have looked better to not have quit during this time. Inpt is very busy and I get they were short-staffed. however, if you were still employed, it would look better. 

I would like to point out that it is illegal to withhold your wages for time worked. A similar thing happened to my brother when he broke something at work. In my state your course of action is to write them a formal letter stating that you will report them to the labor commission of they don't pay you for time worked, then if they still don't pay to make said report. You need to look into what your course of action is in your state.

I'm so sorry this is happening to you. I can't speak to whether this is abandonment but I will say you deserved better than what happened here, and you were right to put family first in my book.

Here's my take on it, for what it's  worth. They cannot legally withhold your paycheck for any reason. They must pay you and if they think you own them money they would have to collect by some other means. Contact the Attorney General in that state and report them.

My understanding is that patient abandonment is when you leave a patient partway through a shift with no one else to care for them. This doesn't fit the description of your situation.

Specializes in 11 YRS ER RN, 6 YRS Travel RN, New Grad AG-ACNP.

Hello. Yes, things are going well. The update was nothing never came of it. I moved on to get another NP position directly with a respectable hospital system this time. My privileges are still good at my previous hospital and I was offered a position to work directly for that hospital on a PRN status. My charts were reviewed by the hospital committee and there was no patient abandonment.

As for my previous employer, I have not heard anything from them. I was told by another provider that the last NP jumped ship due to "questionable business  practices". I'm just glad to be away from that practice and to have this all behind me. 

This was definitely a lesson learned.  

Specializes in Former NP now Internal medicine PGY-3.
18 hours ago, MentalKlarity said:

The idea that someone’s WORK should come before being there for a dying family member is laughable to me. I’m sorry, reschedule patients, it’s outpatient, they’ll be fine. There’s no chance on Earth I would miss a chance to say goodbye to a loved one because a selfish (typical capitalist American) physician decided I wouldn’t get PTO of any kind and put profit above literally the death of a loved one.

Also, never ever accept a job with no time off??

What does capitalism have to do with this? No one forced them to sign the contract. The rest of the post is reasonable. 

Specializes in 11 YRS ER RN, 6 YRS Travel RN, New Grad AG-ACNP.

Thank you all for the advice.

I have consulted with an attorney, currently awaiting reply. 

You are correct in stating I should not have taken this contract. Again, it was my first NP job, I was just excited to be starting my new career and given a chance after so many rejection emails and "wanting experience" emails. 

I asked about PTO and sick time during interview and was told although they don't "offer it", they are very flexible when it comes to switching days and providing coverage.  Just so happen, they could not do so during this emergency that was completely out of my control. (let me add when someone wants to go on vacation, there's coverage suddenly).

I'm not sure what will happen next, not sure if I will be faced with a lawsuit for breach of contract. I'm just preparing myself for the possible worse. 

Specializes in Former NP now Internal medicine PGY-3.
7 hours ago, NPdancer said:

Thank you all for the advice.

I have consulted with an attorney, currently awaiting reply. 

You are correct in stating I should not have taken this contract. Again, it was my first NP job, I was just excited to be starting my new career and given a chance after so many rejection emails and "wanting experience" emails. 

I asked about PTO and sick time during interview and was told although they don't "offer it", they are very flexible when it comes to switching days and providing coverage.  Just so happen, they could not do so during this emergency that was completely out of my control. (let me add when someone wants to go on vacation, there's coverage suddenly).

I'm not sure what will happen next, not sure if I will be faced with a lawsuit for breach of contract. I'm just preparing myself for the possible worse. 

Hopefully not. Not throwing blame it is a tough situation. Hopefully they will just let it go but who knows. 

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