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OT Lawyers

Posted on 10/1/15 at 8:26 am
Posted by Tigerdoug38701
Member since May 2007
241 posts
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 by CoachChappy
Member since May 2013
32498 posts
Posted on 10/1/15 at 8:28 am to
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.
Posted by Geauxld Finger
Baton Rouge
Member since Jan 2005
31657 posts
Posted on 10/1/15 at 8:29 am to
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
Posted by DollaChoppa
I Simp for ACC
Member since May 2008
84774 posts
Posted on 10/1/15 at 8:29 am to
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 by BoominHogtown
Quantico
Member since Dec 2012
421 posts
Posted on 10/1/15 at 8:30 am to
so.... no HJ's?
Posted by Mavtiger
Fort Worth, TX
Member since Mar 2008
547 posts
Posted on 10/1/15 at 8:32 am to
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 by Paddyshack
Land of the Free
Member since Sep 2015
8165 posts
Posted on 10/1/15 at 8:33 am to
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 by Tigerdoug38701
Member since May 2007
241 posts
Posted on 10/1/15 at 8:37 am to
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 by iAmBatman
The Batcave
Member since Mar 2011
12382 posts
Posted on 10/1/15 at 8:39 am to
Anchors lawyers. Best in the business
Posted by gamatt53
Member since Nov 2010
4934 posts
Posted on 10/1/15 at 8:41 am to
Just pull a Kim Davis and say it's against your religion. The Pope will even come visit you
Posted by Tigerdoug38701
Member since May 2007
241 posts
Posted on 10/1/15 at 8:41 am to
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 by elprez00
Hammond, LA
Member since Sep 2011
29349 posts
Posted on 10/1/15 at 8:41 am to
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.
Posted by Gaston
Dirty Coast
Member since Aug 2008
38902 posts
Posted on 10/1/15 at 8:43 am to
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.
This post was edited on 10/1/15 at 8:45 am
Posted by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 10/1/15 at 8:44 am to
give notice and walk away, no need to go through all the legal crap
Posted by tigerpimpbot
Chairman of the Pool Board
Member since Nov 2011
66870 posts
Posted on 10/1/15 at 8:44 am to
quote:

I am a Physical Therapist


They want you to give happy endings?
Posted by Paddyshack
Land of the Free
Member since Sep 2015
8165 posts
Posted on 10/1/15 at 8:46 am to
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 by Tigerpaw123
Louisiana
Member since Mar 2007
17250 posts
Posted on 10/1/15 at 8:51 am to
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
Posted by Tigerdoug38701
Member since May 2007
241 posts
Posted on 10/1/15 at 8:53 am to
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 by Captain Want
Member since Nov 2009
2153 posts
Posted on 10/1/15 at 8:54 am to
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 by Bestbank Tiger
Premium Member
Member since Jan 2005
70643 posts
Posted on 10/1/15 at 8:54 am to
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.
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