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  1. #1

    Default Can an Employer Unilaterally Change Your Job Duties

    My question involves labor and employment law for the state of: Florida. I work at a store of a large grocery supermarket chain, as a part-time cashier. I have been working there for the past 22 years. I was, initiall, hired as a bagger, and, then, officially, changed my role / classification to a cashier. A couple of years ago, the company instituted a new scheduling system, according to which, one could be scheduled to work as a cashier or as a bagger. All cashiers could be scheduled to work as baggers, some times, and baggers that are trained to operate a cash registers could be scheduled to work as cashiers, some times. Is that legal? If it is legal, is it not unfair for the bagger to be working as a cashier, since he would be getting paid only as a bagger, and, not, as a cashier? Can a bagger refuse to be scheduled as a cashier, and vice-versa, especially, if that person is not a full-time employee, and only a part-time employee?? I was told, several years ago, by some managers, that, full-time employees are guaranteed 40 hours and only one set day off in a week, and other that, their work schedule may change, every week, but, that, part-time employees, even though they may not be getting 40 hours every week, they could put demands. ... Thanks in advance.

  2. #2
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Change of Job Duties

    Is that legal? Of course it is. Why in the world would you think it wasn't?

    is it not unfair for the bagger to be working as a cashier, since he would be getting paid only as a bagger, and, not, as a cashier?
    The law does not give two hoots whether or not something is fair. It only cares whether something is legal.

    Can a bagger refuse to be scheduled as a cashier, and vice-versa, especially, if that person is not a full-time employee, and only a part-time employee?? Sure they can. And the employer can fire them. There is no job protection if they do refuse.

    I was told, several years ago, by some managers, that, full-time employees are guaranteed 40 hours and only one set day off in a week, and other that, their work schedule may change, every week, but, that, part-time employees, even though they may not be getting 40 hours every week, they could put demand That is a matter of company policy. It is not law in Florida or anywhere else in the US.

  3. #3
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    Jan 2006
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    38,867

    Default Re: Change of Job Duties

    Is that legal?
    yes.

    they can also make you sweep the floors, clean the bathrooms, go and get carts, or wash the managers car if he so desires. You are paid $XXXX per hour to work. The employer can change your duties as they need unless you have a contract stating otherwise.

    if anybody refuses to work as directed, they can be fired for insubordination.

  4. #4
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    Default Re: Change of Job Duties

    Quote Quoting jk
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    yes.

    they can also make you sweep the floors, clean the bathrooms, go and get carts, or wash the managers car if he so desires. You are paid $XXXX per hour to work. The employer can change your duties as they need unless you have a contract stating otherwise.

    if anybody refuses to work as directed, they can be fired for insubordination.
    I am not sure that I agree about washing the manager's car...but I do agree with the rest.

  5. #5
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    Default Re: Change of Job Duties

    Quote Quoting llworking
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    I am not sure that I agree about washing the manager's car...but I do agree with the rest.
    yes, even washing the managers car is legal. If the manager's boss has issue with it, that is an entirely different issue but as long as the work demanded of the employee does not require a license,certificate, or such the employee does not have (hence making the employee performing that work actually illegal) or demands work that is in fact illegal (cannot make OP be a prostitute) or unsafe (cannot make the employee chew asbestos off the old plumbing pipes in the basement), the employer can require the employee perform whatever services they see fit.

    Hell, the employer could direct the employee to go to your house and wash your car if they so chose. Employee is being paid to work. The gov doesn't care what "work" is defined as as long as it is not illegal or unsafe (and even the unsafe stuff is acceptable sometimes in certain situations)

  6. #6
    Join Date
    Jun 2006
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    Massachusetts
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    Default Re: Change of Job Duties

    There is no law that says you can't be required to wash the manager's car; therefore you can.

    There is no law that says you can't be fired for insubordination if you refuse to wash the manager's car; therefore you can.

    Now, I will grant you that it is unlikely that the unemployment office will agree that it is sufficient grounds to deny unemployment benefits - but that does not change the legality of the requirement or of the employer classifying the refusal as insubordination.

  7. #7
    Join Date
    Jul 2007
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    Florida
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    Default Re: Change of Job Duties

    Florida is an "at will" state and a "right to work" state. If you do not like the duties assigned to you for the compensation offered then you are free to seek other employment. Freedom sucks, eh?

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