Breach of duty, negligence, or abandonment??

sgoemt

Forum Probie
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Ok, I need expert advice here. I quit my job today due to an STO that is pretty sure he is Gods gift to EMS. Had a better lead anyway, so it doesn't matter. Anyway, as dispatcher, he failed to inform me of a sheduled dr appt. An HOUR after I shoulda been enroute, I get this hellraising phone call (we stay in an upstairs quarters, and our pager never went off). As I climb in the truck, he makes a smart a$$ comment over the two way. Here's where it gets tricky. I quit at the SAME moment my partner was marking us enroute.


So am I screwed or not?
 

swindlman

Forum Crew Member
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You probably should have finished out your shift and not let your emotions get the better of you at that moment... yeah its completely nonprofessional on the other guys part. How ever you leaving your partner hanging by quitting at that moment was also nonprofessional. It is also usually customary to give a two week not just a f*** you im out the door.
 
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sgoemt

Forum Probie
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I know I shoulda given a notice, no arguement there. If I went into detail I'd shut the server down. In short, this guy has been trying like he'll to get rid if me for awhile now, because when he does something wrong I call him on it, and because he's jealous he didn't get into medic class. Hey, the class part isn't my fault. He's pulled this stunt on me and another guy 30-40 times. Hrs one of the classic butt kissers. While I know I didn't leave in a professional manner, I'm more concerned with any legal issue. I don't think any exist, but I just want to be sure.

And my partner gave his notice as well.
 

dragonjbynight

Forum Crew Member
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I know I shoulda given a notice, no arguement there. If I went into detail I'd shut the server down. In short, this guy has been trying like he'll to get rid if me for awhile now, because when he does something wrong I call him on it, and because he's jealous he didn't get into medic class. Hey, the class part isn't my fault. He's pulled this stunt on me and another guy 30-40 times. Hrs one of the classic butt kissers. While I know I didn't leave in a professional manner, I'm more concerned with any legal issue. I don't think any exist, but I just want to be sure.

And my partner gave his notice as well.

speaking in an non giving advice kinda way(have to say that....) It could be a problem if the patient decided to push the issue or the run resulted in a fatality or other emergent issue and there were no other crews available, it would be abandonment. However, being as it was a transport, you should be ok. This being said, if you were under contract, you would have to find the clause relating to this issue. Otherwise, at will employment can be a wonderful thing..
 
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sgoemt

Forum Probie
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No contract, another crew transported. It was from a residence to a routine doctors appointment.
 

cm4short

Forum Lieutenant
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Ok, I need expert advice here. I quit my job today due to an STO that is pretty sure he is Gods gift to EMS. Had a better lead anyway, so it doesn't matter. Anyway, as dispatcher, he failed to inform me of a sheduled dr appt. An HOUR after I shoulda been enroute, I get this hellraising phone call (we stay in an upstairs quarters, and our pager never went off). As I climb in the truck, he makes a smart a$$ comment over the two way. Here's where it gets tricky. I quit at the SAME moment my partner was marking us enroute.


So am I screwed or not?

Gangsta Move... But, I hope you got something lined up in this economy. Are jobs like buses?
 

medichopeful

Flight RN/Paramedic
1,863
255
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What you did was extraordinarily unprofessional.

If you don't have any legal issues, you should also be concerned about getting a job in the future. Somebody who quits in the middle of a shift may not be somebody other companies are going to want to give a chance.

You may want to also consider whether EMS is right for you. It's a stressful job, and if you react in this way when you get in a situation where lives are actually in your hands, that's a problem.

I do, however, wish you luck in whatever you decide to do. Stay safe!
 

EMSLaw

Legal Beagle
1,004
4
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You didn't have any patient contact, so I don't see how it could be abandonment - and the person was either under superior care at a SNF or was not in any sort of danger. If they missed the appointment, I could see your employer being in breach of the transport contract, depending on the terms of that contract. Anyway, if the person made it to the Doc's office okay, with no complications, then there's no damages anyway.

My unofficial, non-binding, not-in-any-way-to-be-construed-as-legal-advice opinion is that you're probably alright. But I certainly hope you don't need a reference from this employer for your next job, because you have well and truly burned the bridge behind you.
 
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sgoemt

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Like I said before, was it professional? No. Do I regret it? No. This is the 2nd service I've been with in 8 years. This guy made mine and other guys lives pure hell. NOTHING was professional there. I'm not gonna give details, but it was that one place that you'd rather have a PE than go to in the morning.
 
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sgoemt

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Ok, now that I have a class break. Avg once a week i spend 2 hours cleaning and checking off my rig, then he assigns it to someone else, so I gotta go over another one. On scheduled dialysis days, the other 3 units get 1-2 calls, I get 7. He QA's almost every trip sheet I write, yet my billing ratio is close to 97%. He makes work schedules out one day at a time! Now, am I excusing my actions? Nope. Yes, I already have another job lined out. The stress of the job I can take. It was the constant push from this guy that did it. I know it's stressful work, but his actions were as much uncalled for. Yesterday, combined with the fact that I'd asked for a day off two weeks in advance to go spend parent day at school with my son, which he promptly "forgot" about, was enough.

And not that it matters, but I didn't bail midshift. We start at 0900, I left at 0940.
 

rescue99

Forum Deputy Chief
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Like I said before, was it professional? No. Do I regret it? No. This is the 2nd service I've been with in 8 years. This guy made mine and other guys lives pure hell. NOTHING was professional there. I'm not gonna give details, but it was that one place that you'd rather have a PE than go to in the morning.

ANNNNND...there is no mention of following policy governing harassment why? To make allegations of harassment stick, there has to be a paper trail. Not that allegations will necessarily go anywhere because there are so many people in EMS who accept belligerent, negative behavior as a normal day on the job. But, these issues still have to be documented.

A group grievance was possible from the history of abuse you allege has occurred. Next time (hope there isn't), file appropriate complaints officially on paper and make copies, giving the duplicate copy to the employer. Begin by talking with the individual like adults, as a group if appropriate. Be sure to put something on paper..where, when, whom and what. If that doesn't help, file in a written complaint form turning it over to the correct superior then start moving up the ladder from there. The important thing to always remember is, that by remaining clam and on subject you will put yourself in a much better position as you follow policy up the ladder. Each step you take needs to be memorialized.
 
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sgoemt

Forum Probie
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Chain of command was:
Owner
Said Supervisor
4 EMT's
4 drivers

Owner is 60 y/o male with PMHx 2 CVA's. He fears
stressing out and having another. The harassment policy
was "you guys try to get along".

I'd swear it on the souls of my children.
 

rescue99

Forum Deputy Chief
1,073
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Chain of command was:
Owner
Said Supervisor
4 EMT's
4 drivers

Owner is 60 y/o male with PMHx 2 CVA's. He fears
stressing out and having another. The harassment policy
was "you guys try to get along".

I'd swear it on the souls of my children.

Interesting. With a company that tiny...move on and forget it!
 

ZVNEMT

Forum Lieutenant
144
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Chain of command was:
Owner
Said Supervisor
4 EMT's
4 drivers

Owner is 60 y/o male with PMHx 2 CVA's. He fears
stressing out and having another. The harassment policy
was "you guys try to get along".

I'd swear it on the souls of my children.

sounds a hell of a lot like my company.... the owners are 3 old guys in a garage... 4 busted *** ambulances complete w/ sled like stretchers... and about 8 employees, 3 of which i'm sure suffer from varying degrees of "mental handicaps"

i've taked to wearing a studded belt as a sign of my discontentment... and i don't wear my "uniform" clip-on tie... ever...
 
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