Can I be fired from a job I’ve had for 9 years because I’m an LPN and not an RN?

UPDATED: Jul 14, 2010

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Can I be fired from a job I’ve had for 9 years because I’m an LPN and not an RN?

I have worked for 8 years at aLTAC (long term acute care ) facility as an LPN. Recently the director told the LPN’s that we would loose our jobs if we were not in school for RN. Can they do that?All the LPN’s have been with the company for years.

Asked on July 14, 2010 under Employment Labor Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Do you have an employment contract or agreement, including a union agreement which you are subject to? If you do not, then unfortunately, yes, your employer can fire you (and other LPNs) from a job you've had for nine years for not having or being in school for an RN. Indeed, the employer can fire at any time, for any reason, without notice. That is because without an employment contract, you are an "employee at will." Employees at will, as the term implies, are implied purely at the will (or whim, if you prefer) of their employer and their employment may similarly be terminated at will. Only when there is an employment agreement is employee at will status changed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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