My question involves employment and labor law for the state of: New York
In my offer letter I was hired as a licensed Therapist with a specified annual salary. The letter states classification as a full-time employee, scheduled to work 37.5 hrs per week for 52-weeks per year; required to work one evening per week and alternate Saturday's. My offer letter also stated:
"We feel your experience will provide needed expertise in our outpatient clinic and in turn, believe the agency will provide you with the opportunity for professional growth."
I was hired because of my masters degree and I'm a licensed clinician. I started at the clinic in February 2008. I work long hours, as do the other (bachelors level) counselors, because the clinic is non-profit and understaffed. Today, April 11th, I received a signed memo from my boss, the clinic program director, which indicates:
"When you were initially hired as a Therapist, the clinic was under the pretense that we would be licensed soon (Office of Mental Health) to conduct mental health therapy. However, we recently learned that there will be no more OMH licenses issued in NY State due to lack of funding. Our clinic will not be providing mental health services to our clients, and Rochester Rehab will be brought in to the clinic, as subcontractors, to provide mental health therapy services. As a result, you will not be allowed to practice mental health therapy in our OASAS facility (substance abuse) and can no longer retain the job title and compensation for which you were hired.
Your job title will change to "Counselor Trainee", effective April 21, 2008 and your salary will be reduced to a salary based on an annual rate of $25,500 which is the rate for a Counselor Trainee.
On behalf of the agency, I apologize for any inconvenience this may cause you."
Qualification for "Counselor Trainee" requires:
"Post high school knowledge in the fields of counseling, alcohol and substance abuse, or the equivalent combination of education and experience."
My boss feels badly - she asked, "if you leave the clinic would you be willing to come back if something could be worked out down the road?" I was so shocked, I don't remember if I even responded.
The circumstance is unprofessional. It was my employer's responsibility to verify the outpatient facility's licensing requirements prior to hiring me. I've been unjustly wronged due to my employer's ineptitude.
Needless to say, do I have any legal recourse?
Thank you,
tra05508

