What are my right when an employer want to change my job description?

My job description is being changed after 9 years of employment. I don’t agree with it and they are not willing to compensate me. I am the only person who’s job description is being changed.

Asked on December 12, 2011 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

As a general matter, if you do not have an employment contract which sets the duties, title, job description, etc., then your employer may change it any time the employer wants and does *not* need you to agree to the change--and also does not need to compensate you for doing this.

IF the change is objectively a negative one (not merely that *you* don't like it, but worse in some objectively demonstrable way, such as lower paying) AND you can show that the action is being taken to discriminate against you on the basis of your race, sex, religion, age over 40, or disability (or in some states, also family statuts, sexual orientation, or national origin), you may have a legal basis to challenge it; otherwise, almost certainly not.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.