Best employment practices regarding job descriptions call for supervisors to keep job descriptions up to date by involving the employee in any desired changes. If you do not have a contract, your employee may legally change your job description without a change in salary. If your employee has a contract or a union agreement, you can only change her job within the limits the contract allows. Her work has appeared in the "Gainesville Times," "Player's Press" and "USA Today." Normally, you have the right to change your employees' duties, unless they have a contract or union agreement that prevents it. Punishing an employee for reporting illegal activities, such as sexual harassment. For example, working from home one day a week might reduce some stress. Whether it's a punishment for misconduct or because he didn't work in the previous post, it's only fair to be honest. If you think you are being taken advantage of, remember you can always look for another job if things do not improve. Copyright 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Forbes: 10 Things to Do When They Radically Change Your Job, Patriot Software: What You Must Know About Demoting an Employee. An employer has every right to walk up to an at-will employee and say, "I don't like that your favorite color is purple. Singling out an employee because of race, gender, religion and other protected qualities is illegal. Written employment contracts may contain language that specifies a job role and duties but often focus on salary, benefits, work location and title. Instead, use your list of responsibilities as the reason you deserve an increase. The name is "constructive dismissal," and it's legally no different from firing someone unfairly. Entrpreneur: Can My Job Description Be Changed Without Notice? Approach your boss with exact numbers on how you helped the company grow or how your job has changed. When signing a contract, prospective employees should ask for language that spells out what role they are expected to fulfill and whether or not that role can be changed without notice. Do You Always Get Paid Severance When You Are Laid Off? The New York Times: Turning an Evaluation Into More Pay. You are probably not the only one who has experienced change, and your boss may be watching you to see how well you can adjust. It contains terms, either 'express' or 'implied', that cannot lawfully be changed or varied without further agreement between you. Generally speaking, an employer can change a job description whenever it is convenient to the company. Can an Employer Fire a Woman for Being Pregnant? If there's a chance of regaining his previous position or duties, let him know how. The usual assumption is that you're displeased with his performance, which is demoralizing. Why Would an Employer Want to Lower My Hourly Rate? You're fired." Corporate needs change, and companies have a right to change job descriptions accordingly. Request a meeting with your supervisor to discuss what you have found and ask for an increase. She is also skilled in writing product descriptions and marketing materials. RL Productions/Digital Vision/Getty Images. Can Your Employer Terminate You if You Become Disabled? Forbes: What to Do When They Radically Change Your Job, National Conference of State Legislatures: The At-Will Presumption and Exceptions to the Rule. If you demote an employee but you want to keep him on staff, tell him the reasons for the change in advance. Talk with someone at your local labor department or check the Occupational Outlook Handbook, published by the U.S. Bureau of Labor Standards for your specific job. If you're promoting an employee and throwing in a raise, you shouldn't get much complaint. Check the U.S. Department of Labor website for classification information or contact the regional office of the department's Wage and Hour Division for guidance or technical assistance. If your job description changes with added responsibilities, there are a few things you can do that may get you an increase in salary. Where there is a recognised trade union, this further agreement should be negotiated through collective bargaining. At-will employment means you or your employer can terminate the relationship at any time unless you have a contract that prohibits it. Review the Fair Labor Standards Act to ensure you're not changing the employee's classification from non-exempt to exempt or vice versa. Employers can get in hot water for failing to withhold payroll taxes, and they could also be on the hook for other penalties if the employee files a complaint saying they … Employment contracts that have been negotiated through a union normally contain stipulations that protect the rights of the employee from arbitrary and capricious changes in the conditions of employment. Forbes: 10 Things to Do When They Radically Change Your Job. If the change to your duties is of such significance that your position no longer exists, you can argue that your employer has made you redundant. Ask for a raise or a job re-evaluation if you feel you aren't being paid what you are worth. There are exceptions: If you stay clear of these and similar rules, you should be on safe ground. In some cases, you may feel like your new job description deserves an increase in pay because it is different from what you have been doing. Of course, the employer may not have you perform work that you legally may not do, i.e. Brian Stankich began working in banking and insurance after obtaining a Bachelor of Science in economics from Purdue University. Job Duties: Can Your Employer Require You to ... if you get fired for refusing to do work the employer assigns you then you run the risk that you don’t unemployment compensation either. This means that your employer can terminate you at any time, for any cause -- with or without notice. Good communication can help changes flow smoothly. You may have responsibilities taken away, or you may have additional tasks added to your job description. Minimally, an employee and supervisor should meet annually to discuss the job description, likely on the occasion of the performance appraisal. RPNA: Can an Employer Change an Employee's Job Description at Will? Can an Employer Change Your Job Role or Job Description Without Consent? Changing an employee's responsibilities so she can't take federally guaranteed family leave. In a December 2007 article in the "The New York Times," columnist Eilene Zimmerman suggested that you make a list of your accomplishments since your last evaluation. Research other positions with your job description and find out what the normal salary or hourly wage is. If your employee asks about the change, explain what's going on. Some employees assume firing comes next, and start looking for an exit. Another no-go is when you can't fire an employee – the union won't let you, for instance – so you make her job so unpleasant she quits. The employment laws on changing a job description favor the employer in most situations. Changing an Employee's Job Responsibilities. Employee Issues: Can My Employer Change My Job Description. In some situations, a change of job description requires negotiation with the employees or with a union. Provide him with the average salary of others in your field. He may also think you can handle the added responsibilities until the company can hire someone else to help you. Employment Law Bits: Can my employer change my job description? If an employer fails to carry workers’ compensation insurance, an injured worker can still pursue workers’ compensation benefits directly from the employer.The injured worker can also sue the employer in civil court.. Your employer has every right to make changes in all aspects of its organizational structure-including job titles-as the company changes. If you've had him shoulder extra work for no pay, ask if there's another reward he might like. Specifically, the FLSA regulations provide that an employer may provide an exempt employee with additional compensation so long as the employment arrangement also includes a guarantee of at least the minimum weekly-required amount or $455 paid on a salary basis. An employer cannot break any law in an attempt to change a job description. What Is Legally Considered Religious Harassment in the Workplace? Negotiations are usually done on regular timetables, which limits the opportunity for employers to change established roles quickly. If you make substantive changes to an employee's job duties -- such as giving an hourly non-exempt employee leadership duties or management authority -- you could be crossing the line over to another classification, which could also change your liability for overtime payment. Based in Atlanta, Melody Dawn has been writing business articles and blogs since 2004. He lives in Durham NC with his awesome wife and two wonderful dogs. Remain positive if your job responsibilities have increased – without a pay increase – or decreased. With care, the change can work out well for both of you. Entrepreneur: Can My Job Description Be Changed Without Notice? Updated October 6, 2020. Fraser Sherman has written about every aspect of working life: the importance of professional ethics, the challenges of business communication, workers' rights and how to cope with bullying bosses. Most employment relationships are considered "at will," meaning the employer can reasonably let an employee go and an employee can leave at her own discretion. Difference Between Suspended & Discharge of Employment. Compare the listed salary with what you are making now. Business needs, product demand or staff levels may justify changing employee job responsibilities. According to a July 2012 article by Jacquelyn Smith of "Forbes" magazine, if a company wants to change, the workers will need to learn to change as well. If the changes are meant to be temporary, make that clear. Changes aren't always that exciting, though. A job description change that forces an employee to work in a capacity in which he is unable to physically perform would be illegal. Employment laws developed for protected or special interest groups can shield employees from specific changes in their job descriptions. Give him less to do, and he'll start worrying about his job. At-Will Employment At-will employment means you or your employer can terminate the relationship at any time unless you have a contract that prohibits it. Where the law doesn't specifically provide guidance, common sense and actions consistent with employment laws promote healthy employer-employee relationships. Firstly, an employer does not have to provide an employee with a job description at all. If you have to fire staff to cut costs, you may require other employees pick up the slack with no raise in pay. Job descriptions and the employees who fulfill them are protected when a formal employment contract has been established. You can find him online at frasersherman.com, How to Correct the Bad Attitude of Teenage Employees, Elements of Discrimination in the Workplace. Generally speaking, an employer can change a job description whenever it is convenient to the company. To give you a leg up, Salami suggests taking the position and gaining as many new skills and experiences as you can, and then use these valuable qualifications as leverage in your job search. Don't give your boss a list of your personal responsibilities as a plea for a larger salary. A contractual employee is someone who has been hired for a specific time period and for an agreed-upon wage. Why Is It Important to Work Within Your Job Description? A contract of employment is a legal agreement between the employer and the employee. Bacon/Wilson Attorneys at Law: Can My Employer Change My Job Description? Simply changing an employee's duties and tasks could minimize the expense of bringing on new staff or expecting overtime hours from other employees. If your employees work "at will" with no contract guaranteeing duties, pay or job description, you can change their responsibilities to meet the needs of the company. Punishing an employee for joining or advocating for a union. Pile on more work, and your employee may resent it. Q: In New Mexico can an employer add responsibilities to an employee without compensation My job has for the past month reduced the amount of employees and has been adding new responsibilities and new tasks to the job without any form of compensation
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