I need some input and advice from any of you monitoring this board.

Here is the situation:

An employee has a very close friend of 30 years who was involved in an accident and has been in ICU for the last 6 weeks. Prognosis is very poor. Said employee is godmother to the injured friend's children, ages 6 months and 3 years. Manager of the dialysis facility where this employee works is aware of the situation, and until approximately 2 weeks ago was working with employee to allow frequent time off.

Approximately 2 weeks ago employee applied for a transfer to another facility closer to home. Manager became very disturbed, and has been reported to have behaved in a verbally abusive manner. Employee was not interested in 'pushing' this issue because transfer had been approved, and transfer date was impending. Receiving manager was made aware of employee's unique personnal situation by employee.

Approximately one week ago, employee's spouse arrives at the clinic to notify employee that her friend had expired. Employee was visibly distraught and was crying. Employee went to manager, and asked permission to leave. Manager stated that employee could not leave patients, and if she did corrective action would be instituted. As a point of reference, this clinic was adequately staffed that day, ran two shifts, and second shift was already underway when notification of death was received by employee.

Employee went to breakroom to compose herself. Medical director's nurse appears in breakroom and tells employee to go on home, that she will notify manager. Employee hesitates, and returns to manager, asking again for permission to leave. Manager denies request.

Employee states to manager at this time, that she frankly does not care about the clinic, and needs to leave. Employee is still visibly upset. Manager again denies request. Employee attempts to telephone administrator, but no return call is made.
Employee tells manager that she must leave and then leaves building.

Employee was scheduled off for the next several days. No messages were on home answering machine upon return to town. Employee returns to work on Monday as scheduled. Manager appears, and terminates employee for job abandonment and states to employee that the board of nursing has been notified and an investigation is pending for her obvious lack of professional duty. Employee is escorted out of building. Employee attempts to apologize for any problems, but reiterates that she felt she needed to leave at that point in time. Employee asks for permission to phone adminstrator, but was denied permission to do so. Employee does attempt to phone adminsitrator on two seperate occasions, but no return call is received.

Employee had no past history of corrective action. Employee had been employed in good standing for approximately 2 years with the company. Past evaluations had been superior. Employee's only desire to transfer was to be closer to home.

My questions are:

1. Do you believe that this case is grounds for termination? Should any type of disciplinary action take place for this employee?
2. Was this truly job abandonment?
3. Does the issue of emotional duress come into play here in any way? Could it be argued that employee was so grief stricken that she felt she had no other options then to leave?
4. Do you believe that this employee should be rehired into a different clinic owned by the same company?
5. Was the behavior of the manager and / or administrator appropriate?
6. Does anyone know the legal rulings on emotional duress and job abandonment? Is there any case law out there describing this type of event?


As an aside, I am not the employee. This situation simply has been 'dropped' in my lap, and I am interested in your opinions. The details above I derived from speaking to the employee, the receiving manager, the current manager, and the administrator.

I'd love to hear what you guys think. Thank you in advance.