What are my rights if I’ve received a change in job notification that would require me to stand on my feet for 4 days a week in a customer position on the sales floor?

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What are my rights if I’ve received a change in job notification that would require me to stand on my feet for 4 days a week in a customer position on the sales floor?

Typically I would be fine with that, however I underwent an ankle surgery last month and I have yet to receive clearance from my doctor to be standing on my feet for extended periods of time. When I returned to work I returned to a desk position. My employer is only giving me 72 hours to respond. I am wondering if it is legal? I was given a choice to take the job change or to decline the position and receive a 2 weeks severance. I am fearful of taking either option because I physically cannot do the sales floor right now and if I decline the position that means I am quitting.

Asked on January 28, 2016 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Speak with an employment law attorney IMMEDIATELY. You may be suffering illegal disability-based discrimination, if the transfer was not one provably in the works before you went out for surgery, or if the transfer is not one required by larger financial challenges or structural changes (e.g. the company is in weak shape, and can prove it is eliminating desk positions and putting more staff, including ones who had your position or similar positions, on sales or customer positions to try to improve customer service and get more sales); that is, unless they can show that this change had some valid reason not connected to you and your condition, this may be an attempt to force you out based on your medical status, which is not allowed. Therefore, before doing anything, consult in detail with an employment law attorney who can evaluate the situation in depth and advise you.


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