INFOLAWYER : Hello and thank you for the question. I am sorry to read of this dilemma.
INFOLAWYER : Legally, the employer has broad discretion in your state
INFOLAWYER : This means the employer may use those factors in assigning work
INFOLAWYER : By contrast it may not single you out if it has a policy otherwise
INFOLAWYER : or if a handbook or contract forbids it INFOLAWYER : Likewise, federal law forbids discrimination on basis of race, gender, age, nationality, religion or disability
INFOLAWYER : Please let me know if I can clarify anything.
INFOLAWYER : are you there?
Customer: The employer doesn't pay for my RN license. I haven't practiced nursing for 25 years. They can still assign me Rn related work, whether clinical or administrative?
INFOLAWYER : No
INFOLAWYER : They cannot do so
INFOLAWYER : You were not hired for that task
INFOLAWYER : that amounts to a material change in position
INFOLAWYER : which can amount to constructive termination and entitlement to benefits
INFOLAWYER : practically their doing so exposes the company and you to liability should an error occur
INFOLAWYER : and places license at risk
INFOLAWYER : Is that clearer?
INFOLAWYER : Please let me know
Customer: I understand from the clinical side, how about from the adminsitrative side. For example, my supervisor who is the director of nursing stated that she plans on assigning me to cover for her at the departments emergency operations center in an event of an emergency as I am a nurse.
INFOLAWYER : But that is not part of your position
INFOLAWYER : you have the choice then of refusing as materially different from your position
INFOLAWYER : or seeking to do it if interested, qualified and duly compensated
INFOLAWYER : for the additional duties and responsibilities.
INFOLAWYER : Is the answer acceptable or can I clarify anything else?
Customer: Thank you. I am clear.
INFOLAWYER : Excellent
INFOLAWYER : Kindly rate the answer as excellent