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OT Lawyers
Posted on 10/1/15 at 8:26 am
Posted on 10/1/15 at 8:26 am
I am a Physical Therapist and if I get fired for refusing to do something that is out side of my scope of practice, will I be able to litigate for wrongful termination?
Posted on 10/1/15 at 8:28 am to Tigerdoug38701
Hi not a lawyer here, but as I learned in my contract, there is usually a clause at the bottom in the duties section that states something like "any other duty assigned to the employee by management".
Check for that or something like it.
Check for that or something like it.
Posted on 10/1/15 at 8:29 am to Tigerdoug38701
I'm not a lawyer but I did stay at a holiday inn express last night.
I would think so. There are grey areas though for this kind of thing. Ownership can always make up bs reasons. Wrongful terminations are tough to prove unless it's on record somewhere the specific reason why fired. It's all open to interpretation
I would think so. There are grey areas though for this kind of thing. Ownership can always make up bs reasons. Wrongful terminations are tough to prove unless it's on record somewhere the specific reason why fired. It's all open to interpretation
Posted on 10/1/15 at 8:29 am to Tigerdoug38701
Sometimes you gotta give the boss a bj if you wanna get a raise bro. Remember, its not who you know, but who you blow.
Posted on 10/1/15 at 8:32 am to Tigerdoug38701
Can you clarify if you mean that you think it is above you or something your state license does not allow you to do? I'm not a lawyer, but I work in healthcare and I can't mandate that my staff do something they are licensed or allowed to do.
Posted on 10/1/15 at 8:33 am to Tigerdoug38701
quote:
refusing to do something that is out side of my scope of practice
Not a lawyer but was it something you did not feel comfortable doing in fear of negligence or malpractice?
Or were you just refusing because they asked you to do something that they do not pay you to do?
Posted on 10/1/15 at 8:37 am to Mavtiger
quote:
Can you clarify if you mean that you think it is above you or something your state license does not allow you to do? I'm not a lawyer, but I work in healthcare and I can't mandate that my staff do something they are licensed or allowed to do.
Without getting into specifics, I consulted the state board and they stated this procedure was not within my scope of practice to perform. Yet, after reporting it to my supervisor, I am still expected to perform it. I am gonna have to draw a line in the sand somewhere.
Posted on 10/1/15 at 8:39 am to Tigerdoug38701
Anchors lawyers. Best in the business
Posted on 10/1/15 at 8:41 am to iAmBatman
Just pull a Kim Davis and say it's against your religion. The Pope will even come visit you
Posted on 10/1/15 at 8:41 am to Paddyshack
quote:
did not feel comfortable doing in fear of negligence or malpractice
This. In the off chance something went wrong, I am afraid I could get sued bc its not in my scope of practice.
Posted on 10/1/15 at 8:41 am to Tigerdoug38701
I have a buddy thats a mechanic, and if he works on a particular model of this particular brand without being certified to do so, he gets fired.
I'd hope the same holds true for the medical profession.
I'd hope the same holds true for the medical profession.
Posted on 10/1/15 at 8:43 am to Tigerdoug38701
My father is on the LA PT state board, he owned a practice in Alexandria for 30+ years, and it seems it will be up to them to judge your supervisor (I assume they're a PT). I'd just get a new job if I were you, then drop dime on said supervisor to the board, referencing their earlier decision on scope of practice.
Just a guess though.
Just a guess though.
This post was edited on 10/1/15 at 8:45 am
Posted on 10/1/15 at 8:44 am to Tigerdoug38701
give notice and walk away, no need to go through all the legal crap
Posted on 10/1/15 at 8:44 am to Tigerdoug38701
quote:
I am a Physical Therapist
They want you to give happy endings?
Posted on 10/1/15 at 8:46 am to Tigerdoug38701
quote:
In the off chance something went wrong, I am afraid I could get sued bc its not in my scope of practice.
Which is probably accurate.
I would never perform a specialized activity on someone if I was not licensed to do so or if I felt uncomfortable. Frick what the boss says, tell him to do that shite himself.
And yes, I am sure you could build a suit for wrongful termination if this is the case.
Posted on 10/1/15 at 8:51 am to Tigerpaw123
and if you have already got clarification from the board, you had better damn well not do it, i would also share what the board told you to your employer and co workers, and remember you are also bound to report other licensees who are performing outside of the practice act
get the hell out of there
get the hell out of there
Posted on 10/1/15 at 8:53 am to Tigerpaw123
quote:
give notice and walk away, no need to go through all the legal crap
Working on this but I can't just create a job for me in my area. My wife has a bang up job she cannot leave. Also, my compensation might differ so I have to consider all my options.
Posted on 10/1/15 at 8:54 am to Tigerpaw123
quote:
and if you have already got clarification from the board, you had better damn well not do it, i would also share what the board told you to your employer and co workers, and remember you are also bound to report other licensees who are performing outside of the practice act
get the hell out of there
This. Your license is yours for life. But to your company, you are simply an employee. Find another company, and never do anything to jeopardize your license.
Posted on 10/1/15 at 8:54 am to Tigerpaw123
The employer will make up some BS reason that isn't the real reason.
According to the law, they're 100% wrong because they're instructing you to do something illegal. But good luck proving it.
According to the law, they're 100% wrong because they're instructing you to do something illegal. But good luck proving it.
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