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    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
    Junior Member
     
    #1

    Dec 8, 2007, 02:34 PM
    Extreme change to a job description
    I have worked at my company(a private college) for almost two years. When I was hired my sole responsibility was for generating leads by giving presentations in high schools. There is another job which is an Enrolling Presenter, where the person gives presentations but also will go into peoples homes to interview them. I'm the only presenter that was hired under the basic presenter position and I was also the first one hired. My boss is hinting about changing my responsibilities to cover that of the enrolling presenters as well.

    I want to know what my legal rights are. Personally, I do not want to meet with people I don't know outside of my office or the high school that I'm visiting. I am the only female presenter and I wouldn't feel safe, plus it wasn't what I was hired to do. I wouldn't have taken the job in the first place if that had been a requirement.

    Thanks!
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Dec 8, 2007, 03:32 PM
    Hello karen:

    You don't have ANY rights in the workplace if you don't have an employment contract or aren't represented by a union.

    Of course, there are protected workers who can't be fired because of their race, religion, etc. If you ARE a member of one of those classes, and they're doing this to get rid of you, THEN you have legal rights.

    If that isn't the case, your employer can fire you, change your job description, your title, your hours, or frankly ANY thing about your job they wish any time they choose.

    It may not be the best business decision in your case because they're liable to lose you. But that's not your question. Maybe you should put your concerns into a memo. That way it might not boil down to a choice between the lesser of two evils.

    excon
    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
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    #3

    Dec 8, 2007, 03:56 PM
    I don't care if they want to cut my position as long as it's not my fault they lay me off... I know they want me gone, one reason is because my boss has seen me as a threat. And I'm only a threat because I don't let him treat me like everyone else. I filed a complaint against him a few months after I began working there. He called my ex a transvestite twice, told me because I'm white I'll have trouble at some schools, that because I'm female I shouldn't travel, and kept making comments that an employer shouldn't say. After I filed a complaint 15 others filed complaints. After awhile the HR person was a "budget cut" and let go.

    My whole concern is can they force me to go into people's houses? Can they fire me for refusing to do so? I know I signed a few things when I started working for the company. I signed my job description and a few other things. The school I work for does have a corporate office, but I have no idea how to get in touch with HR up there.

    Honestly I'd actually be happy if they just "budget cut" my position.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Dec 8, 2007, 04:00 PM
    Quote Originally Posted by excon
    your employer can fire you, change your job description, your title, your hours, or frankly ANY thing about your job they wish, any time they choose.
    Hello again, karen:

    I don't know how much clearer I can be.

    excon
    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
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    #5

    Dec 8, 2007, 04:16 PM
    I understand what you are saying, but the system is stupid if employees don't have protection. Extreme example, what if I made the manager was told he was now the receptionist, is that legal?

    This guy also told me once he didn't want me to go into people's houses because it wasn't safe, now he wants me to. I guess I'll just find a great lawyer who wants to help change employee law.
    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
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    #6

    Dec 8, 2007, 04:18 PM
    Oh and I know my employer can't fire me without reason. You mentioned how they could. They could let me go with in the first 3 months of my employment, but now there has to be just cause. The only way they can get rid of me is too cut my position.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #7

    Dec 8, 2007, 04:20 PM
    Hello again, karen:

    In terms of your eligibility for unemployment insurance benefits, it wouldn't make any material difference if you were laid off because they "budget cut" your job, or you quit because they made you go into people's houses. You'd be eligible for benefits in either case.

    excon
    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
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    #8

    Dec 8, 2007, 04:22 PM
    [QUOTE=karent23]what if I made the manager was told he was now the receptionist, is that legal?
    QUOTE]
    That should read "if I made the manager become the receptionist.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #9

    Dec 8, 2007, 04:31 PM
    They will assign you the additional job duties and basically tell you to do them or you will be fired for refusal to do assigned duties. Unless you have a written job contract they can change your job duties to anything they want.

    But if you quit without legal cause or if you refuse to do the job and they fire you, most ilkely the college will refuse to pay and you will end up in a hearing, that could go either way, as a employer of many people over the years I would say that you would not get it, if you quit or get fired for not doing the new duties.

    As for as making the manager the receptionist, of course they can make him the janitor, the door opener or assign him to wear a costume out front of the building
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #10

    Dec 8, 2007, 04:35 PM
    Talk to your boss about your feelings in this regard. Legally I believe your boss can change your responsibilities in this manner but you can at least make your feelings known. If you're honest and upfront with your boss maybe (s)he won't make you do the things you don't want to do.
    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
    Junior Member
     
    #11

    Dec 8, 2007, 04:47 PM
    So basically I'm screwed.
    parttime's Avatar
    parttime Posts: 1,440, Reputation: 113
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    #12

    Dec 8, 2007, 05:02 PM
    Karen, without a collective bargaining agreement (union contract) then your considered an "at will employee" Google that for more info. Good luck. And support unions.
    karent23's Avatar
    karent23 Posts: 133, Reputation: 8
    Junior Member
     
    #13

    Dec 9, 2007, 07:32 AM
    I appreciate everyone's help, I am concerned about the job change not only because I don't like my boss, but because I wouldn't feel safe with the new change. I've been trying to find a new job for the longest time but the market hasn't been great.

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