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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18846
Experience:  Employment/Labor Law Litigation
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I am a Supervisor in a community-based mental health agency.

Customer Question

I am a Supervisor in a community-based mental health agency. I have been employed here less than 6 months. I have been asked to perform the job of one of my former supervisees. However, I am not trained to do this job properly. The job I am covering is a field-based position. Typically, a person in this position would have a few weeks of office-based and classroom training. He or she would then "shadow" a peer for 2-3 weeks, and then "reverse shadow" for another couple of weeks. This basically entails watching another well-versed peer perform the job completely, and then having said peer watch you perform that job to make sure that you are "doing it right." Today, I was criticized by my boss for making mistakes while covering this job. I explained that I am not trained in this position. Her response is that I "received the same training as everyone else." However, this is NOT the case. I should point out that I am being treated differently that my supervisor cohort who oversees the other team. She has not been asked to go into the field, even though she is currently short 4 staff members. I am being treated differently and put in position where I could make critical errors. What recourse do I have, other than the obvious "Find another job," because I have been hitting the job market hard. Thank you in advance for your assistance.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

Unfortunately, unless you can state that you are being treated differently specifically based on your race, religion, gender, age or disability, being treated differently does not create a cause of action or recourse with an employer.

As for the lack of training, regrettably there is no requirement that an employer train an employee in an area that they want them to work. The idea is that an employer would be motivated to do so, as a means of efficiency, but nothing in statutes mandates that an employer do so.

The employer certainly faces liability if your mistakes lead to any medical issues for others, but the law doesn't preemptively deal with that issue.

On these facts, without something more specifically directed at discrimination on the factors I mentioned, there isn't any recourse that you would have here.