What to do if your employer changes your job description

by Rich DeMatteo on March 27, 2015 · 3 comments

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Office worker - does not come

It is possible to work in one career for a very long time without suffering a change in your job description. A change in job description could be welcome news, especially if it means no longer doing some of the tasks you always considered demeaning. Similarly, a change in job description can be a huge disappointment if it means no longer being able to do what you love doing.

Time for Self-Assessment

If the change of job description has meant a reduction of duties and responsibilities, you need to take some time and assess yourself. The change could be because of a recent slackening on your part, which management has noted and deemed you unworthy of all the responsibilities. If the trend continues, you might soon be out of work. A much softer result could see you experiencing a salary cut. Therefore, before panicking, and after a period of thorough self-assessment, it is time to make improvements. Let everybody, including the management, know that you have taken the changes in stride, and are willing to improve your attitude and work ethics.

Apart from the self-assessment and self-improvement that you can do, it is good to know the several legal steps you can pursue if you feel that the employer has overstepped his boundaries. As an employee, the law protects you. If you feel that the change of job description is unwarranted and that you have been performing your duties and responsibilities excellent look for a lawyer. Hiring a lawyer would be good, especially after speaking with the employer about your concerns, and he appears unwilling to rectify what you consider an unfair demotion or salary cuts. Unfair demotions qualify for lawsuits.

Do the Changes Violate the Law?

The employer can do whatever he deems fit. If he feels that changing your job description is the best step to take, the employer is free to do so. However, he needs to be cautious not to violate any law while changing his employee’s job description. If you were a whistleblower and feel that the demotion or change of job description that the employer undertook was a retaliatory measure, the law allows you to seek legal redress. In such a case, you are free to sue your employer so that he can show just cause for the action that he took. Your lawyer should be in a position to guide you properly while filing and pursuing the legal solution to the issue at hand.

If you feel that the change in job description is too demeaning such that it is impossible for you to continue working, the lawyer might also advise you of the possibility of filing a case in the courts for wrongful termination. This route would be open to you if the change of job description led you to quit your job. It is worth knowing that the lawyer has a limited window in which he can offer his services in case you feel that the changes are unwarranted. If the changes are reasonable, considering that companies make changes all the time and expect employees to follow suit, quitting and suing the employer for wrongful termination would be a wrong move.

Do the changes contradict the Employment Contract?

If the changes in job description are a contradiction to the employment contract that you signed with the employer, the lawyer would help you prepare a case for breach of contract. Never assume that you have a case, or that your decision to sue the employer is justified before talking with a lawyer. If you can prove that the change of job description is adverse, the lawyer would have no problem helping you convince the court. If the changes also touch on your salary and other terms or conditions that the employment contract stipulated, suing the employer for a breach of contract with the help of the lawyer would be an excellent idea.

In summary, choose how you want to respond to the changes in the job description. If the changes are fair and not a violation of any legally binding contract or the laws, accept them with a good attitude. If the change in job description appears discriminative and retaliatory in nature, look for a lawyer and ask him to help you file a case in court. If the changes are retaliatory, or lead to wrongful termination, the lawyer is obliged to inform you of the merits of your case. If the changes constitute constructive discharge, the law allows you to sue the employer. If the changes lead to a breach of contract on the part of the employer, sue him with the help of your lawyer.

 

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