What to do if I feel that I cannot perform a newly imposed requirement of my job?

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What to do if I feel that I cannot perform a newly imposed requirement of my job?

The company I have worked for over 25 years was purchased from a major national company. The new company says it requires all of its retail management group to obtain CDL’s. I do not feel comfortable in performing the duties of this requirement and feel that my job will be in jeopardy if I don’t do as they demand. Is there anything I can do? I believe the thought is if somewhere down the road a union location fails to come to terms with the company, they will most likely call upon management to step in and drive. I have only operated a Class “C” vehicle all of my life and I have severe anxiety about driving the larger Class “B” vehicles. I have my doubts that this requirement is consistent across the country too.

Asked on August 20, 2013 under Employment Labor Law, Maine

Answers:

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

Answered 8 years ago | Contributor

Unfortunately, there may not be much that you can do. The fact is that unless this requirement violates a term of existing company policy, a union/collective bargaining agreement or employment contract to which you are subject, no law has been violated. The fact is that in an "at will" employment relationship an employer can set the terms and conditions much as it sees fit so long as no actionable discrimination is a factor. For example, the mandate cannot have been imposed due to your race religion, disablility, gender or the like (and it does not appear to have been).

At this point, I suggest speaking to your management and seeing if you can get exempted from the requirement, otherwise you will probably have to comply with it. If you are still unsure of your rights, you may want to consult directly with an employment law attorney in your area.


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