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A new condition of continued employment? Even after I've been hired F/T??

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discgolfdc

Junior Member
What is the name of your state (only U.S. law)? Ohio

I am an instructor in the Allied Health program at a local, for-profit proprietary trade school (you know, the kind that call themselves "colleges" but are actually the functional equivalent of 13th grade - You see them all the time in your local "Job News" paper under "Career Education"). I am formally trained as a chiropractor, but I am not currently practicing for personal reasons that in no way involve any wrongdoing, legal or otherwise.

I was hired in October as a full-time instructor based on my qualifications to teach in their program. I hold both Bachelor of Science (which, I was told, was the main qualifier) and, as mentioned, Doctor of Chiropractic degrees, both of which, of course, had to be verified by the employer school by requesting official transcripts. At the time of my hire, the employer school was accredited by a national agency, but was in the process of seeking an additional accreditation from another agency as well. Approximately three weeks into my employment, the school successfully completed the requirements for this additional accreditation.

It has recently come to the attention of the Allied Health instructors that, now that we are accredited by this second agency, the corporate office is going to require instructors to take and successfully pass the RMA (Registered Medical Assistant) examination administered at various times during the year by American Medical Technologists (AMT). Some instructors, who have been there longer than myself, have evidently been preparing themselves for this exam for a bit of time, now, and are gearing up to take this examination this weekend (yes, Thanksgiving weekend). The newer hires (myself included) are being given until the February 2010 administration of the test, but this requirement was never mentioned, verbally or in written format, at the time of my hire or as an "upcoming condition of continued employment." I (and a few other newer hires) were only informed of this impending requirement recently (and verbally) by one of the program's coordinators.

I was thinking to myself, "what a P.I.T.A." (Pain In The A--), but I guess I should probably look into preparing for this test. In doing some research into this test, I found that there is a lot of material that is truly outside the scope of what I teach (for which, quite frankly, I possess more advanced credentials than they're preparing to require). A whole lot of administrative stuff, billing and coding -- things that I just don't touch academically and for which I would never be called upon. Further research, however, turned up the little known fact that there are certain criteria that a candidate for this test must meet. Criteria concerning continuous employment as a medical assistant, criteria regarding graduation from an ABHES-accredited school (the agency that just granted us accreditation), etc. I thought that I, with my degrees and years of experience both as a medical assistant (prior to getting into chiropractic) and as an autonomous health care provider, should have no such problems meeting criteria, but upon discovery of what the criteria were, that confidence was quickly dashed.

I have been in contact with the administration of AMT to ask them whether or not, given my specific background, I would be eligible to sit for their February examination, as my employer is going to require it, and so far, the answer doesn't look good.

I also found it curious that certain instructors who hold a certification known as a CMA ("Certified Medical Assistant," not the same thing as or administered by the same organization as the RMA -- the CMA being the "Oldsmobile," the RMA being the "Mercedes-Benz") are being "grandfathered" in so as not to be required to obtain their RMA certification. I'd think this might raise the issue of inequity in employee treatment. I may be wrong.

My overall question, as you could imagine, involves whether or not it is lawful for my employer, AFTER the point of my hire, to require me to take an examination (as a seemingly new condition of continued employment) for which I may be ineligible to sit. I'd HAVE to imagine that there is some declaration in some area of labor law that would concern this topic and the probabilities for disposition of this matter. Regardless of the "improved" intentions of the corporate office, I was hired based on my qualifications at the time, and I would not be unwilling to take the test if I were eligible to sit for it.

Any constructive thoughts, input, and comments are appreciated.

Thank you in advance!
 
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ecmst12

Senior Member
Yes, it is perfectly legal for them to suddenly require this certification for you to remain employed. What specific law do you think would forbid it?
 

discgolfdc

Junior Member
I did mention the word, "constructive," didn't I?

With you being a "Senior Member" of these forums, I would assume that you would implicitly understand that my implied lack of knowledge of the existence (or lack thereof) of a law that would prevent the legitimacy of such a thing is just what caused me to come here and post a message asking the original question. Let me break it down for you in more lay language: I don't know what law I'd be referring to. If I did, I probably wouldn't have posted. It just sounds wrong, and so I figured I'd ask. That's all. I apologize if your perception of my asking the question amounted to the equivalent of my urinating in your evening glass of wine.

If you feel the need to answer with a smug sense of superiority, I would submit that you might consider withholding your omniscience, for it might just be too much for the world to handle all at once.

Similar to the rights that patients have, I welcome second opinions, especially from those more qualified and, if Mr. Senior Member above is, in fact, duly qualified, then certainly from those more professional in manner.

EDIT: Certainly accepting second opinions, as an auto insurance adjuster's comprehensive understanding of labor law is likely, at best, significantly limited. A large number of posts, it seems, a Senior Member makes. Nothing to do with actual qualifications. If I start posting all over the place, I, too, can become Senior. I, however, understand where I am not qualified. That's why I ask questions. Thank you in advance to all else who choose to weigh in with more professional decorum.
 
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ecmst12

Senior Member
Insulting the people who VOLUNTEER here regularly to help people with problems is not going to win you any friends.

Again, this is legal because no law prevents it. At Will Employment means that you can be fired for any reason or NO reason so long as it does not violate a specific law. So you could legally be fired for being unable to obtain this certificate which they did not require you to have when they first hired you.
 

Country Living

Senior Member
There was nothing snarky or judgmental about ecmst12's answer.

Your company establishes conditions of employment. The job descriptions will change - have to change - as the needs of the business evolve. In your case, the company wants this accreditation which requires employees to be certified in specific areas. You are free to work elsewhere should you decide those conditions of employment are not in your best interest.

It was a legitimate question to ask you which law you thought was broken. This helps establish your knowledge baseline in regard to your specific issue and can be directly addressed.
 

cyjeff

Senior Member
I agree.

I will also add that I had to take a LOT of classes in college that I never thought I would need... it is all part of the degree.

Take the certification or don't. Bitching about it because you don't think it has value is a waste of this board's valuable time.

Oh, and if you answer that way again, I can tell you that the only response you will get will be the sound of crickets chirping.

Now... get over your damn self and start studying... or looking.
 

discgolfdc

Junior Member
OK, point taken. This is a case where the lack of inflection in written communication can easily lead a person to draw incorrect conclusions. I apologize for my demeanor based on misunderstanding. I'm sure that we've all had someone answer a post on these (or other) forums with some smart-ass, condescending remark better left unsaid. If that was not the intent, then my apology stands. My baseline of education in this department is evidently insignificant enough to bring me to this forum to ask.

It's not so much that I don't want to study for the test (I could probably pass it on clinical and ethical knowledge alone); it's that the test administrators, thus far, have deemed me ineligible to sit for the test. With regard to the classes I teach, I hold more advanced certification/degrees than they are preparing to require. I suppose I might solicit an apology from someone who, likewise, jumped to a conclusion...

"Bitching about it because you don't think it has value is a waste of this board's valuable time."

...having misunderstood what I initially wrote. It has nothing at all to do with my will to take the test or my resistance thereto.

I suppose that doesn't change anything. Guess I should make sure that I use whatever vacation days I accrue. Vive le economie.
 
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