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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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Went to work before start of shift, never got assignment or

Customer Question

I am RN went to work before start of shift, never got assignment or took report. Was speaking to Nurse mgr by phone after i found out all my hours were not paid to me as expected (21 hr short) and would have to wait two weeks. Nurse mgr had spoke to me that am and i confirmed the hours with her and still they did not make it to my check that day which was the close of pay period. Her nonchalant attitude made me angry and after getting off phone i said to my supervisor "I'm sorry, I cant stay. Im tired of this. My supervisor only shrugged and said nothing. As I am contemplating whether I should stay, the off going supervisor corners me in the report room and say, "you can't leave. Your not going anywhere. The says that's patient abadonment. I called my director later she said she would have to think about it after i advised her i did not resign i couldnt stay because i was too angry. After a week after the incident they told me they could retain me and that per the seperation notice they would term it job abandonment, People have done this before at this job without consequences. They said if i left they would be working short but having 3 nurses for 15-16 ts is normal at this job happens at least 2-3 itmes a week. One nurse did this about a week and 1/2 before i did claiming she had "child care " problems which she has all the time and she is still employed. About three weeks prior i complained to hr that I felt a patient expired d/t things that we as a staff failed to due. I think this is in retaliation for that but don't know how to prove it. What are my options?
Submitted: 10 months ago.
Category: Employment Law
Expert:  Lucy, Esq. replied 10 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

When you say that "people have done this before" without consequence, are you referring to leaving early because they weren't getting paid? Or are you talking about people leaving early when they are ill, have issues with child care, etc.? Does your job have a stated attendance policy, and if so, what it is?

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