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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5028
Experience:  Extensive experience representing employees and management
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Can an employer add responsibilities to call? Such as, I am

Resolved Question:

Can an employer add responsibilities to call? Such as, I am on standby for a specific hospital and now they want me to also be on call for another hospital, in the same system, at the same time that I am on standby for the original hospital. I can not be in two places at the same time.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Yes, unfortunately, an employer can add responsibilities to being on call, including adding that you be on call for another hospital while you are also on call for one hospital.

Since you are on call, your employer wouldn't actually expect that you be in two places at the same time.

This stems from the employment at-will doctrine, which is codified in California Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

I sincerely XXXXX XXXXX had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 2 years ago.

I don't think that this or any question can really be answered by you or your colleagues in this format. You just don't have all the information and aren't really vested in finding out all the information. Thanks anyway.

Expert:  Joseph replied 2 years ago.
Please let me know if you want to give me any additional information or if you have any additional questions I can answer.
Expert:  Joseph replied 2 years ago.
I see you gave me a negative rating. I provided you with an answer to your question and told you why the law is the way it is.

Please don't penalize me since the law is not in your favor.

Also, please remember that when you rate me negatively, the website receives all the money from your deposit and I receive nothing for assisting you.

That said, please let me know if I can provide you with any additional information to improve your feedback rating.

Thanks.
Customer: replied 2 years ago.

I should have not been so lazy and hopeful that there would be an easy answer to a very difficult question. I believe that I have rights that are being impinged by my employer through my ignorance of the labor laws. I don't believe that I can be forced after 10 years in a single facility, to take on responsibilities that I would be unfamiliar and uncomfortable in doing jeopardizing my license and career not withstanding life or limb. My employer my not actually expect me to be in 2 places but they are choosing to ignore that it could actually happen. What then? Deal with it until it happens? You tell me when it is your loved one that life saving measures are delayed just to save $6.50 an hour.

Expert:  Joseph replied 2 years ago.
Unfortunately, as an at-will employee, you really don't have any rights in this regard. As I mentioned above, your employer can add additional responsibilities to your on-call time as an at-will employee.

You do have the right to go to your supervisor and HR to file a complaint about the action, but the employer can still go ahead with the new responsibilities.

Unfortunately, I'm not in a position where I could advise you on what to do if you received two calls simultaneously, but I would assume that you would prioritize the call that you received first or what call is more urgent.

I think such a question is definitely one you should bring up to your employer regarding the responsibilities that they want to add to your on call time, and you should request that they address your concern about being needed in two places at the same time.

Again, please remember that I can only inform you about the status of the law, and that I personally think that employees should have way more rights than they do, but I would be doing a substantial disservice to you if I were to give you false hopes about your extremely limited rights as an employee in this situation.
Joseph, Lawyer
Satisfied Customers: 5028
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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