Legal Question in Employment Law in New York

Not an option to remain in current job role

I am currently employed as an assistant nurse manager in a nonnursing union hospital. I applied for a transfer back to the former dept where I had worked as a staff nurse. The VP of nursing has told me that there are no positions in that dept available for transfer into and has, ''because you are unhappy'', offered me ''options'' of choosing from two other depts and that is it NOT an option to remain in my current position. I have had no performance issues in this institution for the past nine years which has been my full term there. I am not interested in either option which has been offered to me and I think I just should resign because I really don't want to be there anymore after this kind of treatment, and considering my profession, thankfully jobs are abundant. However, something about this whole situation just does not sit well with me and perhaps I just need validation of how I feel, but I wonder about the legal appropriateness of the action of the institution.


Asked on 2/04/07, 7:33 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Not an option to remain in current job role

Do you feel that there is something else at issue here? Are you a member of a minority, or over 40, etc.? If you feel that the employer is trying to force you to resign, that is called constructive discharge but there is much more to it.

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Answered on 2/06/07, 5:20 pm


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