urgent need of advice-long but I really need help!

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jennifer82

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I work for a non-profit organization in Chicago for people with developmental disabilities. I asked during my interview, with someone from Administration, whether or not "toileting" of clients was a responsibility of the position and told no. I ask this in all interviews in places within this field because it is something that I do not wish to perform for various reasons. Now 3 days shy of the end of my 90 day probationary period (today was the end), I was told that I would be put on the "toileting" schedule for a client. I immediately discussed my concern with my immediate supervisor and explained to her that I specifically asked this during the interview and told no. That it was not stated on my Job Description which I repeatedly asked managers and supervisors for since employment there and wasn't given until last Thursday (3 months later). I also explained that I was therefore not allowed to make an informed decision of whether or not to accept employment because I was given false information and that this was not right.

I was told that day that we would discuss it with the Program Director who I saw and spoke to personally about the situation. She stated that I needed to put it all in writing to be discussed with the Executive Director. After writing and submitting the letter I was told an hour later by the Program Director that it would be my word against the interviewer's word because she hadn't written any notes that I asked about toileting. She then asked if I had any notes, to which I said no. (This makes no sense because if I did have notes or was a dishonest person and went home and made up some notes, they still would not have believed me). Yet, immediately after I was told that my immediate supervisor (who was out that day) gave a written statement saying that she told me I would be put on the schedule from the beginning. I have no recollection of her stating that I would be put on the list and only knew of the list after I began employment. (Wouldn't this also be her word against mine??? So how does her statement have precedence when mine didn't against the interviewer???)

I was then told that everyone in the agency was required to do toileting per the Executive Director. That the Program Director (the one I was now meeting with) had done all that was possible to see if I could be switched into another position because "I like what you are doing here, and the changes you are making," but also per the Executive Director it wouldn't matter to be switched around because it would still be required. I was then told that it was "unfortunate because you are an excellent worker," and that "it would be a shame that you would have to resign." I explained that I was not going to resign because I did want the job, it's just that they should not add something to my responsibilities so major after the fact, knowing that it is something I'm against doing. I was then told that this was the only way, that I did it or resigned. I asked how long did I have before I needed to let her know my position, she told me to "take your time and think about it." This was Friday, this morning I was asked for my decision by my immediate supervisor.

I requested another meeting after this with both my Supervisor and the Program Director to get everything out in the open and ask the questions I needed to ask. I received this opportunity at the end of the day. In a nutshell, I was told that I was "lying" about asking the question in the interview, which I replied, she was being, "rude, because you were not there to hear or see what happened." Then I was told that I should've known that I would be on the schedule for toileting in the beginning and therefore should've said something then, which I explained I had very little training on anything and pretty much thrown in the mix of things with almost no knowledge of how things went (due to lack of orientation) and this had been expressed several times to my immediate supervisor to pretty much no avail. I said that I didn't recall being told this in the beginning and therefore jumped that hurdle when it arrived (which was last week). I was then told that "toileting" fell under a wide umbrella of things and that I gave an extensive list of what I wasn't willing to do cancelling out most of those things. Immediately after, I'm told the interviewer had no idea what "toileting" meant (give me a break!) . I replied that everyone knows that toileting is assisting in any type of bathroom needs and she had just said so herself! I said that it was all a contradiction and that they were just trying to cover their own tracks. I also asked why other people were not scheduled to do any toileting if it were an agency wide responsibility... I was countered with, "why are you bickering and bringing other people into this?" This was also said in a rude way, then the entire agency-wide bit turned into "all people in my position (forgetting that I was already told that it was not possible to switch me around because every position required it)."

I let the Program Director know that everything said had been contradictory to what she had previously said and that made no sense, so I was then asked, "WHAT ARE YOU TRYING TO PROVE??!!!???!" I explained that it was not right and was bad business to hire someone under false information, just as an employee would be fired if they gave false information on their application or resume. I was told that nothing I said mattered, that it is all in the past and that I could either do the job in its entirety or resign. I countered with, "if I'm so wrong, why aren't I being fired?" The reply was that "as a professional you get hired and as a professional one should resign." I find this to be very fishy and pretty ridiculous! After asking how did the time period to "think things over" change from "the time I needed," to Monday morning, I was told that because my Supervisor decided to create the new schedule today, my decision is needed by today. I stated that this makes no sense, a person can't make a decision on whether to leave a job in a day or two (especially when you have bills to pay), which is why I asked the amount of time in the beginning. I was also told that because I came in to work this morning they assumed that I was willing to try, I countered with I assumed that because I asked during my interview and was told that no toileting was involved that there wouldn't be any either, so I guess we both know what assuming gets you.

Sorry this was so long, but I needed to give the entire background... I need advice on what I should do, because they are now forcing me to say by tomorrow. I don't think I should resign, but they supposedly won't fire me, which makes no sense. Are they liable for any type of legal action? Would I get unemployment in the state of Illinois for this? Who should I contact locally or within the government because they are state and federally funded? I saw that on the new schedule for toileting the client, I was put on 4 times a week( more than almost everyone), when there are 6-7 people and it only happens twice a day (seems to me that everyone would get about 2 times, if that). Isn't this now discrimination because I complained???? Please help me, I only have a short period of time. I thank you in advance for all responses!
 
If you resign I believe you won't qualify for unemployment. Maybe private message cbg but don't include entire post just the question about if you resign rather than get fired and refer him to post if he needs additional background. Also, just because you get fired doesn't mean you qualify for unemployment either. Job descriptions change all the time, so the fact they changed yours isn't grounds for any legal action. Contact your DOL for your state (Dept. of Labor) but other than refusing and getting fired I don't think you have any options. BTW, I am not a lawyer. Have you talked to your HR department?
 
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