If my company fired my boss and changed my job desription and work requirements against my original agreement, now what?

UPDATED: Apr 13, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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.

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