QUESTION
Can my employer fire me for refusing to use a skill that wasn't part of my job description?
Asked on Feb 12th, 2013 on Labor and Employment - Texas
More details to this question:
I was not hired as a bilingual. When I refused to use my secondary language, the company fired me?
7 ANSWERS
Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC
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Love and Dillenbeck Law
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It depends on your state...buy most likely yes. You can be fired for any reason other than discrimination.
Answered on Feb 13th, 2013 at 7:15 PM
Estate Planning Attorney serving Beverly Hills, CA
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Peter Law Group
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You cannot just be fired for not speaking in Spanish. But the question is how closely related are your Spanish language skills to what your job duties were and if your employer knew you were bilingual and reasonably relied on that fact when it hired you. Of course, you could also ask for money if required to speak Spanish as part of your job duties and if you are in a unionized workplace there is often additional pay for having this skill.
Answered on Feb 13th, 2013 at 5:06 PM
Family Law Attorney serving Gearhart, OR
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Coast Family Law, LLC
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Oregon is an "at-will" state, meaning that most private employers can terminate a person without notice and without cause. However, employers often take actions which deprive them of this protection. If so, then they would need to have a reason to terminate you. You should check your employers handbook for policies regarding termination. Public employers (state, city, etc.) are in a different boat. Notwithstanding the above, an employer may not terminate you in violation of public policy (i.e., discrimination, retaliation, etc.). You should speak to an employment attorney in your area to determine if your rights were violated, as these are very fact specific questions.
Answered on Feb 13th, 2013 at 4:36 PM
Elder Law Attorney serving Hollister, CA
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Charles R. Perry
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I see nothing in what you write to suggest your company did anything unlawful, assuming that you were an at-will employee in California.
Answered on Feb 13th, 2013 at 4:36 PM
Yes, your employer may fire you for refusing to use my secondary language, or any other request. They can even fire you for failing to perform an illegal act, as long as the reason is not based on Race, Age, Sex, National Origin, Religion, Handicap Georgia recognizes the doctrine of employment at will. Employment at will means that in the absence of a written contract of employment for a defined duration, an employer can terminate an employee for good cause, bad cause, a mistaken cause, or no cause at all, so long as it is not an illegal cause.
Answered on Feb 13th, 2013 at 4:36 PM
Bruce A. Coane
Yes they can.
Answered on Feb 13th, 2013 at 4:35 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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I suspect that there may have been other issues as well. As an at will employee you can quit, and you employer can quit you. I simply do not understand why you would refuse to use a skill possessed to make yourself a more valued employee.
Answered on Feb 13th, 2013 at 4:35 PM