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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I have been employed by a general hospital for 25 years. I

Customer Question

I have been employed by a general hospital for 25 years. I have been a CNA since 2002. Recently the CNA s have been ordered to work on occasion at a psychiatric facility that is in practice with my hospital. I have been sent twice now. Both times I felt in danger. The second time I was assaulted by a patient. He approached me from behind and used both fists to punch me in the kidney's. I turned and he brought his fist back and punched me in the stomach.
Do I have a legal right to refuse the assignment if I am in fear? And am I protected from losing my job? I failed to mention that this is a geriatric psych unit.
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today. I'm sorry to hear about your job issues.

I'll need to ask you some preliminary questions before I can give you an answer to your question. Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)? If you are in a union or have a contract does it require the hospital to follow any protocol in terms of job assignments to areas/practices of the hospital?