QUESTION

When can an employer change your role/job description/duties/ without your consent?

Asked on Mar 20th, 2014 on Employment Contracts - Texas
More details to this question:
I work for a large corporation as a senior business analyst. Management informed my team that we were to cease our normal job functions and man the help desk fielding support calls for the better part of a year. My team consists of professionals (business analysts, developers, QA) and the support desk is basically unskilled labor with no overlap in duties with what any of us was hired to do. We all signed contracts when we were hired and within those contracts were our roles and responsibilities as you would expect. None of the contracts mentions anything about support desk responsibilities or that we would be subject to changing responsibilities without consent. In a nutshell, none of us is doing any of the duties we were hired to do. Can our employer simply change our jobs like that? Our titles and salaries remain the same but we have been expressly forbidden to perform any of the duties associated with our titles.
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
Since you have a contract, your question cannot be answered generally.  The employee and employer are free contract regarding this issue.  You should retain an attorney to review it and give you his or her opinion. I am curious, are those folks in your group being paid as salaried employees, exempt from overtime?  If so, do you know under what exemption?  Has this change in duties eliminated their qualification from that exemption?  If so, you and your team may be owed overtime for any hours you work in excess of 40 per week.  You might want to start tracking your time, if the employer is not already.
Answered on Apr 01st, 2014 at 11:49 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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