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Can an employer force you to work in a position for which you were not hired?

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Good morning,

I signed a contract for a weekend program LPN position over 5 months ago. Staffing is really bad so I’ve been volunteering to pick up shifts to help out during the week which are outside of my normal contracted schedule (every weekend, 7am to 7pm, I’m paid time and a half the entire shift as incentive for committing to work every weekend). They have been putting nurses on the floor to work as CNAs without asking first. If the nurses refuse they threaten to report their licenses for abandonment and fire them. This forces the nurses to feel obligated to work in a position they were not hired for out of fear. They do not warn the nurses so that they punch in first, see the schedule, and are required to stay. At least that’s the rumor. Once you clock in you are held responsible and can be reported to the board of nursing if you leave. I already gave my resignation. Even if it’s not illegal, it’s sneaky and I don’t believe a good practice if they want to keep nurses. Plus it’s not my fault they can’t keep staff. It’s because they treat people like they have no value. They are putting agency nurses on the nurse assignments and forcing their employed nurses to work as CNAs. I am curious, is it legal to do this? Apparently they put the agency nurses on the carts because they can’t legally force them to work as CNAs. I’m so confused by all of this. I didn’t sign anything when I was first hired that disclosed this was their policy. Only my contract that listed my schedule and job description. I don’t even want to go into work anymore. The environment is so hostile. I have such bad anxiety and was told yesterday that they could care less about me or my feelings when I tried to express my concerns. I’ve never worked as a CNA and they don’t provide any warning or support when they do force you to work in this role. They just throw you into it and say it’s within your scope. I need to know my rights and have no idea where to look. I can’t wait until my notice is finished (they require 30 days notice). I have been sick to my stomach out of stress because I’ve never been spoken to like a worthless piece of junk by any employer before in my life until yesterday (at least not to my face lol). I have scheduled two interviews since I gave my notice last night. Finding a new job won’t be difficult, I just want to know my rights as I grit my teeth through these next 30 days. It’s not even the idea of working as a CNA that gives me anxiety. I just don’t want to be somewhere I’m not wanted. She told me they don’t want people like me (whatever that means) working for them anyway. Thanks in advance for any input.
 


I’m in PA (USA). My contract stated my position, my schedule, rate of pay. It also had the disclosure that said they weren’t guaranteeing it as a contract of employment and that PA is an “at-will” state. So on and so forth. I know they can wake up one day and fire me just because it felt like a good idea. I just don’t want to work in a position I wasn’t hired to do because it’s convenient for them to do so. Threatening to report a nursing license for abandonment is a serious threat so I want to make sure if it’s not ok to do that, they don’t keep doing it to me at least!
 
I don't see why you feel you need to give any notice at all...

I always try to leave an employer on "good terms" if I can. I have never called off once since I started almost 6 months ago, so I technically have 8 call offs to use over the next 30 days before I can be terminated for attendance (I get 8 per year). I will use them as I see fit lol. I was late ONCE by 3 minutes (stuck behind a truck). I was only scheduled to work 24 hours a week but was averaging 40-48 hours a week because they are down 3 nurses on the 3-11 shift. I was always willing to help and would even stay late on my weekends from time to time (I was scheduled for 12 but sometimes stayed for 16). I am in complete shock right now.
 

Zigner

Senior Member, Non-Attorney
I always try to leave an employer on "good terms" if I can. I have never called off once since I started almost 6 months ago, so I technically have 8 call offs to use over the next 30 days before I can be terminated for attendance (I get 8 per year). I will use them as I see fit lol. I was late ONCE by 3 minutes (stuck behind a truck). I was only scheduled to work 24 hours a week but was averaging 40-48 hours a week because they are down 3 nurses on the 3-11 shift. I was always willing to help and would even stay late on my weekends from time to time (I was scheduled for 12 but sometimes stayed for 16). I am in complete shock right now.
That is a bit contradictory to what you said in your first post. Legally, it doesn't appear that you are required to work through your notice.
 
That is a bit contradictory to what you said in your first post. Legally, it doesn't appear that you are required to work through your notice.

That's the thing. "Legally" I don't know what the heck to make of all this. I just don't want any parts in it anymore. They seem to think it's ok to do this, are quiet confident when these threats are being made, and have been doing this for quite some time from what I hear. So I am going to quit before they can fire me or cause any damage to my reputation. At least that's what I'm trying to do. I have no idea whether this is legal practice or not. That's why I posted.
 

Zigner

Senior Member, Non-Attorney
You state that you have an employment "contract", so you should take that contract to an attorney for review. We have not seen the contract and contract review is beyond the scope of this forum.
 

Zigner

Senior Member, Non-Attorney
I have another position in a different facility (PRN/Pool) and they have a union and they are not allowed to pull you from one position to do another.
That's because of the union. Assuming there is no conflict with licensing, your (non-union) employer is free to assign duties as they see fit.
 
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FlyingRon

Senior Member
Legally, they can make you work below what you were hired for or is commensurate with your certification. In PA, I can't find anything that indicates that LPNs doing CNA duties is a problem (it just requires more supervision). You should be very careful if you do work these shifts that you act as if you were a CNA with regard to that supervision (you likely have no independent tasks like you would as a nurse).

I also think they're blowing smoke about the abandonment thing. Especially if you tell them you are not going to work as a CNA before you are called in to do that.
 
Legally, they can make you work below what you were hired for or is commensurate with your certification. In PA, I can't find anything that indicates that LPNs doing CNA duties is a problem (it just requires more supervision). You should be very careful if you do work these shifts that you act as if you were a CNA with regard to that supervision (you likely have no independent tasks like you would as a nurse).

I also think they're blowing smoke about the abandonment thing. Especially if you tell them you are not going to work as a CNA before you are called in to do that.

I am going to withdraw from the extra shifts that I volunteered to work for the rest of the month and only work my weekends until my notice is over. Problem solved I guess.
 

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