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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 116711
Experience:  20+ Years of Employment Law Experience
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I work part time (20 hrs a week) at an assisted living

Customer Question

I work part time (20 hrs a week) at an assisted living facility in Albuquerque, NM as Education Coordinator to staff to upgrade their skills, continuing education hours- none are licensed, non certified caregivers. Administrator tried to assign me (with no communication, no forewarning, no training) to be weekend manager on duty and be on call for no compensation for 39 residents, medically fragile. I refused as it is a huge liability with no LPN, RN or any licensed professional overseeing us.Can employer force me to work? I say no, it's not legal but need to know where I can point blank tell them statute or law forbidding such risky askance.
Submitted: 10 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 10 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Unfortunately, employment in NM is considered to be at will. An at will employer has the right to hire, fire or assign an employee as they see fit. If an employee refuses to take an assignment from the employer it can be deemed refusal to work and that can be deemed good cause for termination, which means the employer can lose rights to unemployment benefits as well. There is no law protecting an at will employee from this type of action by an employer.