Taking a new job only to discover soon after that the work that was described is not the work you are actually doing is not so uncommon. In fact, it has become one of the top reasons why people quit their jobs, according to a study published by London-based Thrive Map. If you are wondering whether an employer is within their legal rights to change your job description, you are not alone. Unfortunately, the short answer is “YES,” and your role can change for a number of reasons within a company. However, there are certain employment parameters that must be followed to ensure the changes are legal.
What Changes Can Be Made to My Job Description?
In 49 states, employees are considered at-will, which means they can be terminated at any time for any reason. Conversely, an employee can quit a job at any time for any reason without ramifications. The exception to this is in Montana, where employers must have a good reason to fire an employee after a probationary period. This means that in most cases, an employer can change an employee’s salary, job responsibilities, perks, hours, and location without prior notice, and there are no consequences to the employer according to federal laws.
What Are the Exceptions?
However, as is typically the case, there are some exceptions. For instance, union workers covered by collective bargaining agreements may be able to file a grievance if changes are significant or affect seniority. Additionally, changes that affect those who have signed written employee contracts that detail the salary, hours, and type of work to be performed may give rise to a breach of contract case if duties are severely altered. Meanwhile, public employees typically have the protection of civil service laws, which require procedural hearings before changes can be made.
Changes to job descriptions also cannot be made in response to someone acting as a whistleblower in reporting illegal activity or an individual who reports any type of workplace harassment or discrimination. Additionally, the act of constructive dismissal, where an employee is forced out of their job by making it so uncomfortable to stay that they quit voluntarily, is also illegal.
What Can I Do as an Employer?
As an employer, it is important to be aware of the laws protecting employees, not just to avoid legal ramifications, but to maintain a positive relationship and high morale among employees. If there are valid reasons for the changes, it is important to communicate them to employees, who likely will appreciate the transparency. Perhaps the workload has shifted, and the only way to keep the same workforce is to reassign duties or shift roles that best suit each employee. If this is the case, be honest and discuss what these changes mean for employees as well as any benefits they may be eligible for. Whether a bump in pay, the opportunity for a quarterly bonus, or additional time off, employees will be more responsive to additional work if they feel like they are being compensated for it.
If the workload is shifting because an employee is not performing well, it is still important to be equally forthcoming with specific data that documents their deficient performance. Although this may not be met with the same type of understanding as a shifting workload, it is best to provide information that will help an employee best understand what is happening and why, so that they can make decisions on whether to accept or reject the terms. Where one employee might quit, another may welcome the reduction in duties, while another may request time to prove they are capable of earning additional responsibilities. In any event, do not shut them out of the process. Their involvement and their ability to come up with constructive solutions may be a benefit to the organization.
Contact a South Jersey Employment Lawyer at The Law Offices of Leo B. Dubler, III, LLC Today About Questions Regarding Your Place of Work
Whether you are an employee or an employer, a South Jersey employment lawyer at The Law Offices of Leo B. Dubler, III, LLC can help to define your rights when it comes to job duties and descriptions. For a free consultation, submit the provided online contact form or call 856-235-7075 to learn more. With offices located in Mount Laurel and Atlantic City, New Jersey, clients in Cherry Hill, Burlington County, Camden County, and South Jersey are proudly served.