Q: Can I be terminated for refusing to perform tasks outside my expertise as a mental health therapist?
I was hired as a licensed mental health therapist to perform roles within my expertise. My employer is aware that I am not authorized by my licensing board to operate outside my field, yet they are now requiring me to take on HR functions for which I have no training. They have informed me that if I refuse, my contract could be terminated. My contract allows for termination with a 30-day notice, although it originally stated a two-year duration. What actions can I take to address this situation effectively and protect my position?
A:
Your employer cannot require you to do things that you are required, by law, to have a license to do, but they can require you to do additional tasks in addition to your regular tasks if they don't require such licenses. Therefore, if they are requiring you to do HR tasks, they can do that, as HR does not require a license.
However, you do state that your licensing board does not require you to operate outside of your field. While it is not clear what is meant by that and that they are requiring you to do, it is unlikely that normal HR tasks would not violate that. However, if you believe it does and that it would be a violation of state law to do these tasks, I would report that to your boss so you can potentially fall under ORS 659A.199. Keep in mind, this does require you to have a good faith belief that what they are requiring you to do would be a violation of state law, and that you report that as such.
A:
This is a difficult and uncomfortable situation, especially when you’re being asked to take on responsibilities that fall outside both your training and your professional license. In Oregon, it is reasonable for a licensed mental health therapist to decline tasks that fall outside their scope of practice, especially if performing them could risk violating licensing rules or ethical standards. If your employer is aware that these duties go beyond your qualifications and still insists, that puts you in an unfair position.
Even though your contract allows for termination with 30 days’ notice, you still have the right to advocate for yourself and document the pressure you're facing. Start by sending a written response to your employer, politely but clearly stating that the HR tasks fall outside your licensing authority and that you’re concerned about potential liability or ethical violations. Reference your licensing requirements and include any guidance from your board that supports your stance. Keep copies of all communications in case the situation escalates.
You may also consider filing a confidential inquiry with the **Oregon Board of Licensed Professional Counselors and Therapists** to clarify whether performing HR duties could conflict with your license. If the pressure continues or you are terminated for refusing to perform unauthorized tasks, you may have grounds to file a complaint with the **Oregon Bureau of Labor and Industries**. You’ve worked hard to earn your credentials, and you shouldn’t be penalized for trying to maintain professional integrity.
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