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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20237
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Sir. My name is***** work York Presbyterian

Customer Question

Hello, Sir.
My name is***** work for New York Presbyterian ?Lower Manhattan Hospital (former New York Downtown Hospital) for 10 years. I'm an 1199 members since 2008. My position is an Echo-Vascular Ultrasound Technologist. Now I got a problem with a clinical administrator (it's his recent position) who gave me a letter on 02/02/2015 with an appointed term on 06/30/2015, where informed me I have to get the ARDMS credentials that includes 2 exams: physics and clinical specialty. I successfully passed My clinical exam on 04/14/2015.
But I could not to prepare for the Physics on time due to current situation at the work: the staff of our Vascular Ultrasound Laboratory comprise of 2 techs - My coworker and I. My coworker got sick and disability till the end of July (an approximate prognosis).We have to cover each other, so I'm doing double work during a whole day (Monday to Friday). So I physically don't have time and power to prepare for the exam now. 2weeks prior the deadline I requested an extension period due to the current circumstances. He gave me just at the end of the work day on 06/30 a letter with a new dead line - 07/17, otherwise I'll loos My work. But it won't help! It is not enough time.
In My contract there are no such conditions of the employment 10 yrs. ago and 2 yrs. ago, when we were reemployed for the new Hospital.
There is no the job requirements with such condition in HR, as well.
There is a practice: if they changed the requirements, they must inform me and allowed 1year. If I fail (it happens often as the material is very difficult) there is the right to get an additional 6 months. I 've passed the main, hardest (clinical) exam just in 2.5 months. Now the situation is complicated.
My question is: is this correct action of the administrator of Department? And what should I do?
Thank you
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Hello,Thank you for the information and your question. Normally, absent a bargaining agreement and written policies, what you described would not be unlawful or something an employee would have recourse for. However, since you are in a union and you say that there is a policy that requires a different action and credentials, then if the employer takes an adverse employment action against you for not passing the exam you have left, you would be able to file a grievance through the union under the bargaining agreement. You should be speaking to them now about this as that is your only recourse in this case unless you are alleging discrimination because you are a member of a protected class. In the latter situation, you could file a complaint via HR. Please let me know if you need any clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 8th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box for this question, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.