Legal Question in Employment Law in New York

Wrongful?

My wife has worked as a CNA in a nursing home for 11 years. She recently received her LPN degree and applied for a job in the same organization where she currently works. When she was offered only .40 cents/hr. more, she turned down the position and told them that she would just remain on as a CNA. She was told that because she is technically an LPN, that she could not legally do this because she is now accountable for much more than she was as a CNA. Because she turned down the position as an LPN, her organization sent her termination papers. Is this legal? Have her responsibilities changed because of the liscense she possesses, even if it does not apply to the position that she wished to remain in, and can her organization terminate her employment because she turned a job down?


Asked on 1/23/06, 3:25 pm

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

Re: Wrongful?

You don't say whether or not she is a union member. If so she should file a greivance, if not, and if she has no written employment contract she is an at will employee.

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Answered on 1/24/06, 10:57 pm


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