Hello, my name is Susan Farris and my hobby is learning about the law. I have an uncle who is an attorney and I've always looked up to him and that's why I find subjects on law very interesting. Through speaking with my uncle and doing research on my own, I've learned about all the different fields of law. Each field of law centers on its own subject and most attorneys specialize in a certain area of law. These include criminal, personal injury, family, bankruptcy, criminal, immigration and business. I find each one of these fields very interesting and I have the utmost admiration for lawyers because they help people through their legal struggles. I wanted to share this information with others who have questions about the different types of attorneys and the law.
If you enjoy the work you do, you can feel both shocked and hurt when an employer takes certain assignments from you, or switches you to a new position entirely. You may find yourself disliking your new job and wondering if what your employer did was even legal. When can your employer move you to another position without notice or consent? What should you do if you suspect this transfer was made for discriminatory reasons? Read on to learn more about your rights after being moved by an employer.
When is it permissible for an employer to change job duties?
Most states grant a fair deal of latitude to non-union employers when it comes to assigning job duties. While a demotion or reduction in pay can often be done only in response to a validated employee performance issue, most job descriptions include the term "and other duties as assigned," which can mean that you'll find yourself working on a variety of projects, sometimes with little notice, for the same amount of pay. If you take unpaid leave under the Family and Medical Leave Act, while your employer is required to hold open a job for you at the same rate of pay, it doesn't have to be the same job.
If your job description has completely changed (for example, if you were hired to do bookkeeping and are instead being forced to work as part of the janitorial staff) you may have a legal claim against your employer -- but only if you can demonstrate that this action was taken for discriminatory reasons. Filing a lawsuit can require your employer to reinstate you to your previous position or require them to pay you severance or damages if you choose to find a new job instead.
What should you do if you think you've suffered discrimination?
If your job duties have been changed in retaliation or due to a protected characteristic (like age, sex, race or ethnicity, religious affiliation, or disability), you could have a valid employment discrimination claim. However, even with a valid claim, proving discrimination can sometimes be an uphill battle. You'll need to have either hard evidence (like emails or witness testimony) that your employer or senior staff members admitted their discriminatory motives, or be able to show that your employer has a clear pattern or practice of discriminating against protected employees.
Before taking any concrete steps, or even talking to your employer about these changes, you may want to consult with an employment attorney to determine your options. In some cases, with your attorney's advice, you'll be able to mediate issues with your employer and be reinstated to the same (or a similar) position. In other cases, your best bet may be to begin gathering evidence to file a lawsuit. Contact an employment law firm for more information.
Share18 August 2015
