Q: Can an employer hire you as a 1:1 instructional aide and assign you to do the work of a behavioral aide?
The pay is the same and both are classified positions in public schools. However, the job descriptions have a bit of overlap but are mostly different and the behavioral aide role requires specific training, skills, and direct communication with behavioral specialists among others. Is it legal to have a new 1:1 instructional aide unknowingly assume the role of a behavioral aide and fail to provide him or her with the proper training, support, and connections? What are the1:1 instructional aides rights and best course of action, assuming they need a job but feel chronic stress in this current situation? Restructure? Paid leave until training or reasonable assignment is found? Simple matter of clarification?
A: I suggest that you talk to a manager in your Human Resources (HD) department and explain your situation. Since you are working for a public entity (although you have not indicated whether you are in permanent status yet), you should be able to consult with HR about your specific position and its job description, and the other position you feel you are forced fill. Make it known that this assignment is causing you undue stress due to the lack of training and experience you need to competently perform your work. You may be able to get some relief by resorting to this process. However, not all HR departments are the same and it depends on the quality of the people who fill those positions.
At this point, in my opinion, you have not described a situation in which the law will intervene. This is why I emphasize that you take a careful approach with your HR department. If your own supervisor is not sensitive to what the job is doing to you, you may want to educate her/him.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.