- My Forums
- Tiger Rant
- LSU Recruiting
- SEC Rant
- Saints Talk
- Pelicans Talk
- More Sports Board
- Fantasy Sports
- Golf Board
- Soccer Board
- O-T Lounge
- Tech Board
- Home/Garden Board
- Outdoor Board
- Health/Fitness Board
- Movie/TV Board
- Book Board
- Music Board
- Political Talk
- Money Talk
- Fark Board
- Gaming Board
- Travel Board
- Food/Drink Board
- Ticket Exchange
- TD Help Board
Customize My Forums- View All Forums
- Show Left Links
- Topic Sort Options
- Trending Topics
- Recent Topics
- Active Topics
Started By
Message
re: OT Lawyers
Posted on 10/1/15 at 8:57 am to Tigerdoug38701
Posted on 10/1/15 at 8:57 am to Tigerdoug38701
quote:
This. In the off chance something went wrong, I am afraid I could get sued bc its not in my scope of practice.
Well why the hell aren't you trained to do it? Did you tell the boss you could do EVERYTHING when you started?
Male PTs are little bitches. Do the fricking procedure or come deliver pizzas with me at night till you get a new job.
1
Posted on 10/1/15 at 9:16 am to Tigerdoug38701
Not a lawyer but.....
Louisiana is an At-will employment state and does not have an implied contract exception clause so they don't have to have a reason to fire you. Unless you signed a contract when you were hired.
Louisiana is an At-will employment state and does not have an implied contract exception clause so they don't have to have a reason to fire you. Unless you signed a contract when you were hired.
Posted on 10/1/15 at 9:44 am to Tigerdoug38701
quote:
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.
This is just common sense and piggybacking other posters (read: not legal advice): you should definitely begin collecting evidence to CYA. Get your boss to send you an email demanding you preform the procedure. Be clever about it, ya know? Or figure out some other way to get it in writing that you're expected to perform this or it will cost you the job. Suing after termination is a real bad way to go, though. Future potential employers will see it as a red flag.
Alternatively, suggest a solution that doesn't involve you performing the procedure - bringing in someone on a part-time, contract basis who is qualified (if that's a thing). Or tell your boss you're willing to take the extra training to get certified in it, if they pay. Whatever you do, communicate with your boss that you can't risk your license.
This post was edited on 10/1/15 at 9:47 am
Posted on 10/1/15 at 9:46 am to Tigerdoug38701
You can get fired for wearing an ugly shirt.
What exactly do you think winning such a suit will get you?
quote:
will I be able to litigate for wrongful termination
What exactly do you think winning such a suit will get you?
Posted on 10/1/15 at 9:49 am to Tigerdoug38701
Hi. I'm a lawyer.
My suggestion: contact a fricking lawyer.
My suggestion: contact a fricking lawyer.
Posted on 10/1/15 at 10:29 am to Tigerdoug38701
I'm sure that your licensure as a PT does have limits. If you were being told to do something outside those limits you should refuse, and contact the licensing board for clarification. I did this once as an RN and the Nursing Board called my supervisor directly and read her the riot act. Call your licensing board, refuse to do what is prohibited and if you are fired, take action. Would love to know who you are working for?
Posted on 10/1/15 at 10:31 am to mikelbr
Mickelbr, something that is not within the scope of practice is prohibited. You cannot be trained to do it. No way, no how.
Posted on 10/1/15 at 10:33 am to Isabelle81
What action would he take? Employers in Louisiana do not have to show cause when they fire you?
Posted on 10/1/15 at 10:33 am to Isabelle81
Mickelbr lost his license and was barred from practicing law years ago 
Posted on 10/1/15 at 10:33 am to CoachChappy
Coach, it doesn't matter what any contract says, his licensing trumps the contract. That is, unless he doesn't mind losing his license.
Posted on 10/1/15 at 10:38 am to Isabelle81
Your license does not protect you from termination.
A contract does.
Without a contract, you have no protection from termination.
A contract does.
Without a contract, you have no protection from termination.
Posted on 10/1/15 at 10:39 am to Tigerdoug38701
Tigerdoug, is it possible your supervisor is setting you up to take a fall? Don't even consider taking the chance.
Posted on 10/1/15 at 10:43 am to LoveThatMoney
quote:
I'm a lawyer.
My suggestion: contact a fricking lawyer.
Seriously, OP! Without telling everyone the specifics of your issue, you are asking an internet forum to decide the best course of action on either 1) Losing/leaving your current job (and the potential to bring a successful lawsuit) or 2) act in direct opposition to an opinion provided to you on your specific fact pattern from your licensing board, and potentially lose your entire career.
The stakes are WAY too high in either outcome to NOT seek a proper legal opinion. While I understand the cost associated with an attorney can scare people away from seeking legal advice, this cost is insignificant compared to the potential of losing your ability to practice your profession.
Please seek a proper legal opinion from an attorney. Also, you'll sleep better at night knowing that someone is helping to ensure that you are making the right choice, while protecting your interest in any potential lawsuit (should it come to that).
This post was edited on 10/1/15 at 10:48 am
Posted on 10/1/15 at 10:46 am to theenemy
I understand that, but as concerns what he can and cannot do is not decided on by any contract an employer might have with him. That is decided on by his license. He would be smart to get in writing, in detail, what it is his supervisor wants him to do that is not within the scope of his licensure. I think the best he could get if terminated would be unemployment benefits. If the company he works for sees any Medicare or Medicaid patients, he could notify those entities as well. That could be a problem for the company in loss of status as a provider.
Posted on 10/1/15 at 10:51 am to Isabelle81
Will they still withhold unemployment benefits?
I didn't think they did that anymore. I thought it was pretty much automatic.
I didn't think they did that anymore. I thought it was pretty much automatic.
Posted on 10/1/15 at 10:53 am to Isabelle81
If he is being asked to perform a procedure outside of his license, will that not open his employer up to liability in the unlikely event that something goes wrong?
I am assuming this is a small company and not part of a large group. Very few owners.
It seems to me that by telling your employer "no I won't perform that procedure" pretty much seals your fate with the company. They can pretty much look for whatever reason to terminate you from then on, with no recourse for you, even if they agree that you do not have to do it.
Nicely put, you are between a rock and a hard place as to the right decision.
You may be right, but you may lose anyway.
And yes, go see a labor attorney before you haul off and do anything further.
I am assuming this is a small company and not part of a large group. Very few owners.
It seems to me that by telling your employer "no I won't perform that procedure" pretty much seals your fate with the company. They can pretty much look for whatever reason to terminate you from then on, with no recourse for you, even if they agree that you do not have to do it.
Nicely put, you are between a rock and a hard place as to the right decision.
You may be right, but you may lose anyway.
And yes, go see a labor attorney before you haul off and do anything further.
Posted on 10/1/15 at 10:57 am to Tigerdoug38701
quote:
I consulted the state board and they stated this procedure was not within my scope of practice to perform
"I'm not risking my license to perform X task." end of conversation.
Posted on 10/1/15 at 11:01 am to Tigerdoug38701
I'm a lawyer
And i can answer your questions.
But im not gonna answer your questions because answering legal questions on TD is outside of my scope of practice.
Sorry
And i can answer your questions.
But im not gonna answer your questions because answering legal questions on TD is outside of my scope of practice.
Sorry
Posted on 10/1/15 at 11:04 am to Tigerdoug38701
What specifically are they wanting you to do?
Posted on 10/1/15 at 11:05 am to Tigerdoug38701
Walk away, you worked hard for your license, and don't waste your time with any boss who expects you to perform unethical, immoral or illegal conduct
Page 2 of 3
Popular
Back to top
Follow TigerDroppings for LSU Football News