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Home > Law > Other Law   »   Forced into another position

 
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Old Dec 16, 2006, 04:55 AM
grets1333
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Forced into another position

I have a two fold issue. I was hired in a purchasing position, but due to lay offs and employees quiting they are trying to force me into a warehouse position. I will be in an air conditioned office in the warehouse, but will still be required to do many things in the warehouse where the temperature can be at least a 100. I don't handle the heat well. As a matter of fact, I have gotten ill on many occaision from being in the heat.
Then there is also the idea, that my bosses know that I have a sprained hand, that never heals because I am right handed, and am constantly using that hand. I also have tarsal tunnel in both ankles, which puts me in allot of pain, and I can't be on my feet for more than a few minutes at a time (10 minutes.) But yet this position will have me walking across the plant, numerous times, and also working in the heat, and also, moving boxes, that I can't move with my hand.
Is it legal, just because this is Florida? Is there some help for me here? I have resigned my self to the fact that I will be job hunting shortly.
Thanks.

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Old Dec 16, 2006, 05:26 AM   #2  
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Hello grets:

You have no legal remedy. Without a union, or personal employment contract, you are working "at will". That's a legal term meaning that either of you can end the relationship with NO notice, for ANY reason short of discrimination. In fact, they can make you do any job they want.

If you want to keep your job, write a letter to your bosses and tell them exactly what you told us here. Of course, if they already KNOW of your situation, then that's not going to work. Maybe they just want you to quit, although they could fire you if they wanted. Some employers think that if an employee quits rather than being fired, their un-employment insurance rates won't go up. That's not true, but some of them think it anyway.

With all your medical conditions, you might be causing their coverage to go up. I dunno.

You know your situation better than we do. Do you know that it's much easier to get a new job BEFORE you quit the old one? People would much rather hire somebody that they think they're stealing from somebody else. But if somebody is un-employed, they think that somebody knows something they don't know, and they'd rather look for somebody who has a job. That's why head hunters are so successful.

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Old Dec 16, 2006, 05:45 AM   #3  
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it appears your company is trying to keep you a job because others are losing thier job, I am sure there are dozens of people who are now unemployed or having to work at McDonalds, or work in non air conditioned buildings, or work outside in the heat and the snow.

So often you have to look and say thank you for not fireing me or thank you for thinking I was the better worker and not letting me go but keeping me on a job where I can feed my family and where I am pay my car and house payment.

But if you would rather be layed off and let one of the other fired employees come back and have the job I am sure your bosses will be glad to do that also

So go job hunting, but don't blame your old bosses,

If you are not physcially able to do the job, then your bosses can just lay you off and have someone else do the job.

But yes, without a employee contract or a union, they can change your pay up or DOWN at any time, they can give or TAKE away insurnace benifits and other beniftis, and they can re-assign you to another job as needed.
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Old Dec 16, 2006, 06:19 PM   #4  
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If you don’t want this new job, then tell them that.

Then they can lay you off and give you some severance pay and you can look for a new job.
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Old Dec 17, 2006, 01:31 PM   #5  
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Can you get a physician to document your medical conditions and affirm the problems that this new position would cause? Perhaps they can assign someone else to the warehouse position and keep you in the purchasing position or reassign you to another position that won't jeopardize your health. It's worth a try. Ultimately you might not have a leg to stand on when push comes to shove since your employment is most likely considered "at will", which would include you being unable to perform the duties required of your employment due to medical reasons.
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