QUESTION
Can my employer put me on a disciplinary plan for refusing to take an assignment at a dedicated covid building?
Asked on Apr 01st, 2020 on Labor and Employment - New Jersey
More details to this question:
I am a hospice nurse who recently expressed concern about admitting a patient in a building known to be a dedicated Covid building. Initially I was told by my manager, I wouldn’t be forced to take the assignment but the following day, when asked to go to the same Covid building, and again, stating I was not comfortable doing so, I was placed on disciplinary action for violating a command to accept an assignment. Additionally I was also put on a performance improvement plan for late charting. This all feels retaliatory and punitive. What are my options? Do I have any recourse? My prior evaluations and peer relationships have been exceptionally positive.
1 ANSWER
Criminal Defense Attorney serving Toms River, NJ
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Edward J. Dimon
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This is a difficult area of the law at this time given the virus. You are a health worker working in a health treatment environment. Where is the line to be drawn ? The hospital or treatment facility must provide you with the proper protection. You can make the decision that you do not want to do this work. However, the facility would not have to keep you employed if that were your decision. Ed Dimon, Esq. 201-892-4824
Answered on Apr 02nd, 2020 at 5:28 AM