What can I do if I was told by my boss that my position had been “redefined” to basically exclude me from being in the office and only work externally on an as needed basis?

That said, my boss then hired her daughter for the same exact position I have been doing, and giving her the work I would be doing before my position was “redefined”. The daughter and I have the same job title, only she is allowed to work in the office and I am not. Is this common?

Asked on July 21, 2015 under Employment Labor Law, Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unfortunately nepotism is not illegal; your boss can give her daughter some of your duties. Discrimination in employment is not illegal unlesss it is based on gender, race, religion, disabilty, etc. In other words, absent legally actionable discrimination, all employees need not be treated the same or even fairly. 

Also, as for your change in duties, unless it violates company policy, a union contarct, an employment agreement or the like, it is lawful. The fact is that for the most part an employer can set the terms and conditions of the workplace much as it sees fit.


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