Can my employer change the terms of my employment?

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Can my employer change the terms of my employment?

I have been working in an agency for a few months. They want me to get certified in dispensing medication or else I will not be able to work for them. I have told them in the past that I do not feel comfortable getting certified. FYI, this was not mentioned to me prior to working there.

Asked on October 27, 2012 under Employment Labor Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

New York is an at-will employment law state which means that generally, either party can renegotiate at any time and chose to walk away at any time.  So generally, yes, they can require yo to get the additional certification in order to keep your job.  However, there are exceptions to this rule.  If you had a contractual employment agreement or if you were part of a collective bargaining unit, then you would have a basis for contesting your employer changing the terms and then terminating your employment.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country, one's employement with his or her employer is terminable at will provided the termination is not based upon discriminatory protected grounds such as age, ethnicity, gender, sexual orientation and the like.

If your employer needs you to get certified for dispensing medication for its business as a condition of employment then if you refuse to get the certification, your employer can legally terminate your employment.


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