Published May 20, 2014
love4nursing18
3 Posts
I am a new travel nurse. I am on my second assignment. First assignment went very bad! When I arrived to my new assignment it was not as it was stated in my contract. I was to work 5 nights a week and instead I was working flex shifts and only 4 days the first week. I notified my recruiter with no response then I notified him again 2 days later and gave my two week notice based on breach of contract. He then had the schedule corrected. I replied that I would stand by my notice. Now he is stating that he has no choice but to report me to the board for abandonment. Is that legal? Can he even do that??
JustBeachyNurse, LPN
13,957 Posts
Look at your board of nursing definition of abandonment. Also see if the state has a safe harbor rule. Review your contract for grounds for severing/terminating the relationship. Many threaten reporting of abandonment as a scare tactic partly because they do not know the legal definition of patient abandonment. Not sure if you do not take report on patients how you are abandoning them.
This is the CABRN policy on patient abandonment, pretty similar to other states:
http://www.rn.ca.gov/pdfs/regulations/npr-b-01.pdf
Basically if you do not accept report/accept patients you cannot be accused of abandonment. If you don't work your scheduled hours, that is not abandonment as far as the BoN is concerned.
Here.I.Stand, BSN, RN
5,047 Posts
I'm sure you'd be ineligible for rehire, but at this point there are no patients to abandon. The nurse-pt relationship begins when you've accepted an assignment--a PT assignment and taken report, not a shift as in what your contract is--and ends when you report to the oncoming nurse. Even if they did tell the BON that you've abandoned pts, it's pretty clear that that's a false accusation. I'm sorry for your headache though!
KelRN215, BSN, RN
1 Article; 7,349 Posts
You are allowed to quit a job. There is no abandonment here. Recruiter doesn't know what he's talking about.
Thanks y'all!! Any more ideas or suggestions on how to handle this would be great. I received an email from him that stated he can not let me give my notice.... He can't keep me from it. I've been trying to handle this with professionalism however he is making it difficult to keep my composure!!
Read your contract for the termination conditions.
Esme12, ASN, BSN, RN
20,908 Posts
thread moved for best response
NedRN
1 Article; 5,782 Posts
Ignorant recruiters! Where do they come up with this stuff?
Two questions for you, if the shift issue has been fixed, why leave? Second, it is great your contract has a two week notice, but I'd bet if you look at the termination penalties, they are still on no matter the reason for your leaving. I'm surprised the recruiter did not use that as leverage.
I would like to leave because this recruiter continues to say things that don't follow through. He even stated that they don't have control over the scheduling. Then why have a contract? Another part of the contract states that I work 5 days a week and this week I only have 4 days therefore I won't meet the requirements for my full stipends which essential means I'll have to pay out of pocket.
If you have nights on your contract, that is enforceable, subject to other fine print. But generally the first week you will be on days for orientation. Have you talked to the scheduler (at the hospital) about this?
You are not out of pocket, you missed a day's work and the compensation for that, both the hourly and the stipends. If you miss a day at your regular job, you don't get paid for that day do you?
You don't need our approval if you want to quit. Just be aware that there are almost certainly contractual penalties that the agency can come after you for if you quit unilaterally. Some agencies (not ones I consider ethical) will put an unpaid debt on your credit record. If you can make it work, you will be better off.
elemenRN
28 Posts
I've been a traveler for three years and my best advice is to learn how to be both assertive and easy-going at the same time. You have to remember that you're supplementing a hospital because they need you. That means they expect you to come in, pick things up quickly and not stir the pot. It should be an easy transition for both parties. It's unfortunate and frustrating at times, but we're not always "valued" like the full-time staff. Blending in is key! Don't get walked on, but don't expect a red carpet either. A good evaluation is really important because that will help you to lock in future gigs. If you've had two bad assignments then maybe you need to do some evaluating (both of your expectations and of what your recruiter is bringing to your experience).
Remember that recruiters need you. You are their product and, ultimately, their source of income. It sounds like the relationship you have with your recruiter got off to a rocky start. If you can't mend it, find a new one! It should be a symbiotic relationship! I would recommend going with a recruiter who you know someone already had a good experience with. Befriend other travelers and soak up the information they provide! It's invaluable and always evolving! Also, recruiters have nothing to do with scheduling. They are basically the liaison or middle person. They find and secure the contractual stuff and then you're on your own. You can contact them for help, but don't always expect an immediate, real-time response or quick fix. The most professional way to handle issues is to go directly to the hospital contact person for travelers. Keep your recruiter in the loop, but don't expect them to be the fixer of your issues. Most of the time they have no idea what you're even dealing with.
Like NedRN said, watch out for penalties! They can be outrageous and come out of no where. Just try to go with the flow. If something doesn't feel right or you need clarification, ask in a professional way. Avoid being demanding and difficult! If you need some more guidance, just ask! We are a small and supportive community!