Is it legal to force an employee into another position when the original position still exists?

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Is it legal to force an employee into another position when the original position still exists?

My husband is a retail receiving clerk with a great review history. He was told last week by his new boss he was now going to be the Dairy Manager. He does not want that job and he found out that they actually hired his receiving replacement 3 weeks ago. Is this legal?

Asked on September 20, 2018 under Employment Labor Law, Montana

Answers:

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

Answered 3 years ago | Contributor

Unless your husband has an employment contract or union agreement which guarantees what his job duties are, then he is an "at will" worker. This means that his employer can set the conditions of his work much as it sees fit. If your husband refuses the new position then he can be terminated. In fact, he can be fired for any reason or no reason at all, with or without notice.


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