If my company fired my boss and changed my job desription and work requirements against my original agreement, now what?
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If my company fired my boss and changed my job desription and work requirements against my original agreement, now what?
I selected my job to accommodate my bad back. It was agreed that there is no travel and no physical labor. Now the company fired my boss and changed my job title from Support (office worker) to Field Technician, and are forcing me to travel and repair equipment. What law can I suggest to them so they back down?
Asked on April 13, 2012 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have an actual employment contract or agreement delineating your job (title, duties, etc.), you should be able to enforce that.
In the absence of such an agreement, if your bad back is sufficiently bad so as to qualify as a disabiltiy, it may be illegal employment discrimination to change your job from a valid position (i.e. one the company needed, and presumably still needs) which you had been hired for to one which your disability will not efectively allow you to do. (If the company no longer needs the Support role, that would be a different story--it does not need to maintain an otherwise unnecessary position simply to employ someone.)
Therefore, you may have grounds to stop your employer from making this change; you should consult with an employment law attorney about the situation in detail to explore your rights and options.
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