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My superior told me to take additonal duties

Discussion in 'Employment, Labor, Work Issues' started by nopinoni, Feb 15, 2019.

  1. nopinoni

    nopinoni Law Topic Starter Member

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    Hello,

    I have been working for this cosmetics company over 6 years and my role is a makeup artist. My company used to have more employees (12 employees) when I started. But they have been downsizing, now we have 6 employees now. Recently, my coworker (licensed Esthetician) has resigned a month ago. Unfortunately, my company do not plan to re-hire a replacement. I was hired as a makeup artist and provide makeup application. Ever since we downsizing, I have been taking an additional responsibilities (not even on my job description) without any extra compensation. This have been going on for over three years. Now our THE ONLY Esthetician has left, and my superior has approached me to take over her duties. I do not have any Esthetician license to perform any facial massages. But my superior said this is a very easy and simple job, it is ok to do this without a license. My superior also imply that other cosmetics companies do not even has my position anymore and encourage me to take this extra duties. Our company is serving a high end clients. Every month we have 1-2 days facial event at our spa room. I feel very uncomfortable to perform facials application with a dermatology knowledge. My question is, is this legal? I don't know whata to do. If anyone who familiar with this matter, I need your advise, Thank you for your time in advance.
     
  2. army judge

    army judge Super Moderator

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    NY requires a person to complete a 40-week course that leads to a New York State Esthetician license.

    The course approximates 600-hours of classroom training allowing a person to earn an esthetician license.

    These are the requirements to become an esthetician in New York.
    Complete an approved esthetician program.
    Submit an esthetics license application.
    Take the exams required for licensure.
    Begin your career and maintain your license.

    New York Esthetics Schools & Skin Care Training

    You might have a conversation with your boss and present him with what the law requires in order for someone to perform the duties you are being asked to perform.

    If he persists, I suggest you avoid doing it, because you could end up getting in a little pickle.

    You might want to start looking for another job, because this person's little scam is slowly dying anyway, as you observed.
     
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  3. adjusterjack

    adjusterjack Super Moderator

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    He's lying. It's illegal to do it without a license. Something goes wrong and it comes down on you, not him.

    A thinly veiled threat that, if you say no, you could lose your job.

    Stand up to your boss and say "no." Provide him with the licensing information.

    NY is a one party consent state for recording conversations. You can secretly record a conversation between you and your superior. I suggest you do so in case you need evidence for unemployment compensation.
     
    Michael Wechsler and nopinoni like this.
  4. nopinoni

    nopinoni Law Topic Starter Member

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    Thank you for your reply. The link is very helpful. I will look into that. I appreciate it.
     
  5. nopinoni

    nopinoni Law Topic Starter Member

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    Ok. I got it. I feel that I got threaten if I don't take extra duties. My superior want me to give an answer next week. Am I allow to record the conversation?
     
  6. cbg

    cbg Super Moderator

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    I just want to make one thing clear. It is not inherently illegal for your employer to require you to take on extra duties, in the abstract. It is not even illegal, in the generic sense, for him to require you to take on extra duties without extra compensation.

    He cannot require that you perform duties for which a license is needed when you do not have the license. BUT it is quite legal for him to require that you become licensed.
     
    Last edited: Feb 16, 2019
    Michael Wechsler and hrforme like this.
  7. adjusterjack

    adjusterjack Super Moderator

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    Yes. NY law allows you to secretly record a conversation to which you are a party. Just make sure your boss doesn't find out. Take it home and keep it safe in case you need it to one day prove retaliation for saying no to doing the work without a license. You can certainly be fired if you get caught so be careful.
     
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  8. nopinoni

    nopinoni Law Topic Starter Member

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    Thank you very much. I got it. I'll meet up with them by this week.
     
  9. nopinoni

    nopinoni Law Topic Starter Member

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    Hi Everyone,

    I would like to give you some updates regarding the above matter.

    Last week, I have been told that I need to give them an answer after my consideration
    by 2/21/2019 (yesterday), and they will have a talk to me. Unfortunately they never did, but instead, they sent a spa freelancer to my work yesterday and try to get me trained without inform me in advance. Yesterday was a big and busy day for us because we were having event and promotion all day.

    Early In the morning, one of my superior - Superior A had told me that "I should be more open to this and let the spa freelancer to give me an insight and show me how’s she doing the facial.” I even mentioned that I aware that in NY state, it requires a license to perform facial/spa to people. Unless company can send me to get a license. Superior A replied “ It is not good to say “No" to company. You have to take the task even if you do not like it sometimes."

    Later on, my superior B, came to me and said “I know that from the last conversation, you are not kneen on this job duties, I want you to spend time to this spa freelancer and get to know the techniques and insight of this whole spa thing today when you are not busy”. However, due to we were having an event and promotion, I was constantly busy with assisting customers and could not even have time take my lunch. The spa freelancer left early for her personal reason, so spending time with her did not happen.

    When I was about to leave for the day, my superior B, came to me again and told me that they will book the spa room next week for me and will get the same spa freelancer to train me. They keep telling me this is a very simple facial massage and do not worry, nothing bad will happen to me.

    They seem like they do not even care of what I have told them and I even give them a solution to send me get a licensed. I do not know what to do at this point, should I involve with HR or lawyer. I do not want to quit my job if I do not have to.

    I need help, please kindly advice.

    Thank you everyone in advance.
     
  10. army judge

    army judge Super Moderator

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    It is a bad idea to break ANY law.

    You can help yourself by looking for a NEW employer and obtaining a new job.

    You are working for a business who bullies its employees and forces some of its employees to BREAK the law.

    I wish you the best of luck.

    You know HOW to help and save yourself.
     
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  11. nopinoni

    nopinoni Law Topic Starter Member

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    I got it .Thank you very much.
     

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