Legal Question in Employment Law in Pennsylvania
Accepting assignments
I accepted a position to work as an LPN on 1 unit of a nursing home. The facility has 4 units. Occasionally I have been required to work 2 units and I feel this is unsafe. The last time this happened I refused to accept both units. If I am fired as a result of refusing an assignment like this what options would I have? The Board of Nursing will not get involved or give any advice on this issue. The Health Dept will only get involved in this if I make a complaint stating residents are endangered.
2 Answers from Attorneys
Re: Accepting assignments
If you are fired for refusing to endanger yourself or others you can collect Unemployment Compensation benefits. You should first make a clear and concise complaint about the conditions. You may also have additional recourse under the whistle blower laws but this requires that you file a compliant with the appropriate government agency. Your post does not say if you feel that your employer’s requirement is illegal or just negligent.
Should you need assistance with an unemployment claim contact me
David
www.UChelpCenter.com
Re: Accepting assignments
An employer has the right to change the working conditions and circumstances to the extent that such changes are not illegal or otherwise proscribed.
In this case your working conditions are being changed. This would be unlawful if it violated the law, such as any statutory minimum standards of care or where the change was made for an illegal purpose (such as to discriminate against or harrass an employee). It would also be prohibited if there were an employment agreement otherwise.
The opinions you have already obtained appear correct on the facts that you have provided.
Regards,
Roger Traversa
email: [email protected]
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