Legal Question in Employment Law in California

I am a Neonatal Nurse. I only work with babies. My job description and all my competencies are in teh NICU. I have been doing this for 27 years. My employer wants me to work in the adult population. Can they do this? Iwas hired to work in the NICU!


Asked on 6/16/12, 3:19 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

In general, unless you are in a union, the employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. However, in medicine, they could only place you in a position for which you are technically legally qualified and certified. I suspect your credentials cover both areas. You can certainly pursue an internal appeal and grievance, but check with the HR policies and employee handbook before doing anything, because, not only are there no laws against poor management, 'unfair treatment', but in general unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.

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Answered on 6/16/12, 1:32 pm


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