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Infolawyer
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50351
Experience:  Licensed attorney helping employers and employees.
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I am a manager in public health with a RN license. Generally,

Customer Question

I am a manager in public health with a RN license. Generally, the position doesn't require an RN license, though a statement in the job specifications state that some assignments may require an RN. The manager position I was hired into didn't require an RN license. I have been reassigned and manage a section with a large number of nurses. The prior manager wasn't an RN. The last classification study placed all the managers in the same group with the idea everyone was interchangeable--those of us with RNs tried to make the case that we should have a higher wage scale based on the RN license. Most of the managers do not have an RN license. Can my employer assign work on the basis of my RN and can they require me to use my RN license? Thank you.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Infolawyer replied 1 year ago.

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
Infolawyer, Lawyer
Category: Employment Law
Satisfied Customers: 50351
Experience: Licensed attorney helping employers and employees.
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