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  1. #1
    Join Date
    Mar 2016
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    Default Can an Employer Require an Employee to Agree to a New Job Description

    My question involves labor and employment law for the state of: New Mexico

    Situation: New manager comes in and disagrees with the current Job Title and Job Description of a certain individual. New manager decides to re-write job description and rewrite job title. This manager is requiring the employee to sign the new job description or face termination. This organization has a practice of requiring every employee to sign and agree to their job description that details the duties and responsibilities of the job. The practice of requiring the signed Job Descriptions isn't across the board. Only a percentage of the employees at this organization are asked to sign the job description. Employees are also permitted to work without the signed job description. This employee has been working for about 6 months with a specific job title and unsigned job description. The new manager wants to change the duties and the title, but the employee doesn't agree with the changes.

    Question: Does the employee have any rights if they choose not to sign the new job description? Is it legal to require this of one person but not everyone in the organization? What can this employee do when the refusal to sign the new job description has caused termination in a right to work state?

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: New Job Description and New Duties

    Unless there is a contract stating otherwise the duties and pay are at the discretion of the employer.

    And you probably mean an employment at will state. The right to work laws deal with unions.

    Do you have trouble keeping things straight?

    This organization has a practice of requiring every employee to sign and agree to their job description that details the duties and responsibilities of the job. The practice of requiring the signed Job Descriptions isn't across the board. Only a percentage of the employp

    so, every employee must sign a job description yet it isn't across tells board. Um, ok

  3. #3
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: New Job Description and New Duties

    Quote Quoting hrgirl29
    View Post
    My question involves labor and employment law for the state of: New Mexico

    Situation: New manager comes in and disagrees with the current Job Title and Job Description of a certain individual. New manager decides to re-write job description and rewrite job title. This manager is requiring the employee to sign the new job description or face termination. This organization has a practice of requiring every employee to sign and agree to their job description that details the duties and responsibilities of the job. The practice of requiring the signed Job Descriptions isn't across the board. Only a percentage of the employees at this organization are asked to sign the job description. Employees are also permitted to work without the signed job description. This employee has been working for about 6 months with a specific job title and unsigned job description. The new manager wants to change the duties and the title, but the employee doesn't agree with the changes.

    Question: Does the employee have any rights if they choose not to sign the new job description? Is it legal to require this of one person but not everyone in the organization? What can this employee do when the refusal to sign the new job description has caused termination in a right to work state?
    The employee has the absolute right to refuse to sign. The company is legally allowed to fire him for said refusal.

    You don't mean "right to work". You mean "at-will". And yes, his employer is still allowed to terminate his employment for any reason not prohibited by law.

    The employer does not have to treat everyone the same way. There can, legally, be different requirements for different employees.

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: New Job Description and New Duties

    Does the employee have any rights if they choose not to sign the new job description? Lots of them. However, they do not include the right to keep her job if the employer takes offense at her refusal.

    Is it legal to require this of one person but not everyone in the organization? Yes.

    What can this employee do when the refusal to sign the new job description has caused termination in a right to work state
    Brush up her resume and create an account at Monster.com.

    FYI, Right to work relates to union membership. You mean employment at will. 49 out of 50 states are employment at will and the 50th state recognizes the EAW doctrine in some situations.

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