Is it legal for an employer to change an employee’s job functions?

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Is it legal for an employer to change an employee’s job functions?

Our company was purchased last year. Now they have decided to change my department from sales department to technical support. Which means we are being required to change from hourly, plus commission to strictly hourly only. That is going to be less than 1/3 of our normal income. Can they legally do this? Does this qualify under constructive termination/dismissal? What are my options if I do not agrerewith the change in responsibilty?

Asked on July 12, 2016 under Employment Labor Law, Texas

Answers:

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

Answered 4 years ago | Contributor

Does this action violate a union/collective bargaining agreement? Does it constitute some form of legally actionable discrimination? If not, then your employer's action is perfectly permissable. The fact is that in an "at will" employment arrangment a company can set the terms and condtions of the workplace much as it sees fit. This includes changing job functions and reducing pay (so long as minimum wage laws are complied with). As to what you can do, you can simply comply with the change, or complain and risk termination, or quit. Finally, this action does not appear to qualify as constructive termination; you can contact your state's department of labor and/or your local unemployment office for further information on this.


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