Unfair Treatment - Texas

[TXlegaladmin]

I work as an Administrative Assistant for an in-house law department in Texas.

Three years ago in this position, I was forced to fill in for a Legal Assistant’s position while she was out on maternity leave for several months, with NO training, while I was expected to continue my full time responsibilities as an Admin. I was extremely stressed but my employer would not hire temporary help. This happened a second time with the other Legal Assistant while she was on extended medical leave for several weeks. I was not given a raise or compensated for doing the work of two employee positions (one at a higher rank than mine). The third and most recent time was while the Legal Asst. had a second child, and I was expected to train a temporary person to do my job (that I was there to do and in my “spare time”) while I did the Legal Assistant’s work! -– still without training. I was made to answer interrogatories for which my supervisor, and Senior Counsel, refused to help me answer.

The previous times I told my supervisor and his supervisor that it was too stressful and it caused me to get physically ill to where I missed work and now I have begun having chest pains in the last few months. One of the Legal Asst.’s has now given her two-week notice and they want me to do her job indefinitely until she is replaced (the last LA that left 6 months ago has still not been replaced). They have not offered me the job title or any compensation. Is this legal for them to expect me to do a job I was not hired for and did not accept, and have also not been trained for (answering legal interrogatories, etc.)? What about a hostile work environment and unfair treatment for dumping all the work on me and not expecting others in the department to assist or not hiring temporary help? P.S. I am a single sole-custody mother or else I would have quit already.

 

[tranquility]

This is not a legal issue but a practical one. They have done nothing wrong. What you should do is agree and ask for a raise.

 

[You Are Guilty]

Is this legal for them to expect me to do a job I was not hired for and did not accept,...

Except you did "accept" it, by continuing to work there. It is certainly legal for them to assign and remove job responsibilities (subject to below), regardless of what they hired you to do originally. If they tell you tomorrow that your job is making coffee for the 5th floor, then that is your new job.

...and have also not been trained for (answering legal interrogatories, etc.)?

Training, in and of itself, is usually not a requirement. However, I do have an issue with you drafting interrogatories - particularly if they were not reviewed by a licensed attorney after you wrote them. That is dangerously close to the unlicensed practice of law, which is a crime.

The practice of law is defined by statute and by case law. Section 81.101 of the Texas Government Code states:

(a) In this chapter the "practice of law" means the [highlight]preparation of a pleading or other document incident to an action[/highlight] or special proceeding or the management of the action or proceeding on behalf of a client before a judge in court as well as a service rendered out of court, including the giving of advice or the rendering of any service requiring the use of legal skill or knowledge, such as preparing a will, contract, or other instrument, the legal effect of which under the facts and conclusions involved must be carefully determined.

http://www.txuplc.org/faq.htm

(On the other hand, if you just come up with a rough draft which an attorney uses as a general template and customizes, then it's not as problematic).

What about a hostile work environment and unfair treatment for dumping all the work on me and not expecting others in the department to assist or not hiring temporary help?

Unfair does not equal illegal, unfortunately. And HWE has a different meaning, legally, than you are using here.

Is there a separate HR department you can try approaching?

 

[TXlegaladmin]

Thank you for your answers.

Tranquility:

I did ask about my raise, but their response was that I was at the cap for averages at my current position Admin - but I was doing Legal Asst. work.

You Are Guilty:

I am a little shocked about the statement that my job is whatever they tell me. I understand that responsibilities may be adjusted to a degree without having to accept a new position. So, if an attorney accepted a position in our law department and then they later told him his job would be making coffed for the 5th floor, there is no law against that? So, based on that, somebody could hire a receptionist and then have her fill in the role of an attorney the next day without her having any recourse? That is scary because that would mean people don't even have to give job descriptions for jobs they are hiring for - they could just say the responsibilities are "whatever we tell you to do". That sounds very wrong to me. There has to be something that protects an employee regarding the basis of their employment. And if I was a protected class, African-American or otherwise, would I then have a case because I am being giving more work than the other admin staff in the same department. Am I actually at a disadvantage for being in an unprotected class? I clearly am not a lawyer, but an Admin., which is why I am asking.

No, our appointed indemnifying outside counsel reviewed the draft answers I gave her, but our attorney would not instruct me at all - not even regarding our particular company policies, etc., I've learned it all on my own.

And unfortunately everything legal or somewhat discriminatory or complaint-related that goes to the HR department comes directly to us in the law department.

 

[swalsh411]

Sounds like they are stepping all over you and you're letting it happen. Did you even ask for a raise?

 

[tranquility]

It is called negotiation. You say "However, I am doing the legal assistant job and I should be paid accordingly."

So, if an attorney accepted a position in our law department and then they later told him his job would be making coffed for the 5th floor, there is no law against that?

Nope.

So, based on that, somebody could hire a receptionish and then have her fill in the role of an attorney the next day without her having any recourse?

As long as you are not practicing law without a license, sure.

Any if I was a protected class, African-American or otherwise, would I then have a case because I am being giving more work than the other admin staff in the same department.

Only if they treated you differently BECAUSE you were an African-American.

Am I actually at a disadvantage for being in an unprotected class?

Nope.

 

[Zigner]

Thank you for your answers.

Tranquility:

I did ask about my raise, but their response was that I was at the cap for averages at my current position Admin - but I was doind Legal Asst. work.

You Are Guilty:

I am a little shocked about the statement that my job is whatever they tell me. So, if an attorney accepted a position in our law department and then they later told him his job would be making coffed for the 5th floor, there is no law against that? So, based on that, somebody could hire a receptionish and then have her fill in the role of an attorney the next day without her having any recourse?

Most attorneys have an employment contract that would address this.

That is scary because that would mean people don't even have to give job descriptions for jobs they are hiring for - they could just say the responsibilities are "whatever we tell you to do". That sounds very wrong to me. There has to be something that protects an employee regarding the basis of their employment.

Employment contract.

Any if I was a protected class, African-American or otherwise, would I then have a case because I am being giving more work than the other admin staff in the same department.

Only if it was BECAUSE you are in a protected class.

Am I actually at a disadvantage for being in an unprotected class? I clearly am not a lawyer, but an Admin., which is why I am asking. And everything legal or somewhat discriminatory that goes to the HR department comes directly to us in the law department.

This has nothing to do with being in a protected class or not.

 

[tranquility]

Even with an "employment contract" if additional duties were assigned and the person refused, they could be fired. (Although could probably still get unemployment.) Rarely are such contracts for set periods.

 

[TXlegaladmin]

I am so glad I asked and am now more informed. I really appreciate the answers and feel better, even if they aren't the answers I was hoping for. I will now know to discuss this with them from a different perspective and will definitely press for a title change and salary increase if I continue to fill her position indefinitely going forward, after she leaves the company.

 

[TXlegaladmin]

Tranquility:

I understand duties may change, but putting somebody in a completely different position seems different than just adding a few extra duties. That is very disheartening to know that even though you accept a position with a company (and maybe with an employment contract), you still may be forced to do something completely outside of your defined company job description. I have trouble with that one because a lot of times in our discrimination matters the employee's written job descriptions have been referred to and used in the investigations and suits.

 

[tranquility]

Tranquility:

I understand duties may change, but putting somebody in a completely different position seems different than just adding a few extra duties. That is very disheartening to know that even though you accept a position with a company (and maybe with an employment contract), you still may be forced to do something completely outside of your defined company job description. I have trouble with that one because a lot of times in our discrimination matters the employee's written job descriptions have been referred to and used in the investigations and suits.

Employers employ and can ask for the hours and work they need from the employee. The key to the job description is what would happen if you refuse. If it was within your job description, it would be insubordinate and, if fired, you might not be eligible for unemployment. Outside your duties, job description or contract, it is unlikely, if fired, you would be denied unemployment.

Think of this as an opportunity. They are trusting you in a new and more difficult role. Another thing you might ask for along with a raise is some training.

 

[TXlegaladmin]

Tranquility:

Thank you again for the replies.

Think of this as an opportunity. They are trusting you in a new and more difficult role. Another thing you might ask for along with a raise is some training.

I agree. I told them before that I felt it was a compliment that they trusted me to be able to handle all the work, as well as the new role. I guess my biggest problem was that they didn't want to compensate me for it and that I was filling two job positions, which was extremely demanding. And that they didn't spread out the work amongst others in the department. I had even asked them if they were priming me for the position as a Legal Assistant and that if they were I would consider it with a discussion about compensation and title change. I would be happy to accept the one new position with a title change and hopefully compensation. It would be way easier than doing both jobs. Appreciate the help!

 

[justalayman]

I am a little shocked about the statement that my job is whatever they tell me. I understand that responsibilities may be adjusted to a degree without having to accept a new position. So, if an attorney accepted a position in our law department and then they later told him his job would be making coffed for the 5th floor, there is no law against that?

correct, at least barring a contract to the contrary.

So, based on that, somebody could hire a receptionist and then have her fill in the role of an attorney the next day without her having any recourse?

Not unless she was licensed as an attorney and did not have a contract stating her only duties would be that of a receptionist.

That is scary because that would mean people don't even have to give job descriptions for jobs they are hiring for - they could just say the responsibilities are "whatever we tell you to do".

from here on out, figure that that disclaimer is attached to every job offer you receive because that is the way it is.

me. There has to be something that protects an employee regarding the basis of their employment.

there is and it is called employment at will. If the employee is not happy with their job duties, they can quit.

No, our appointed indemnifying outside counsel reviewed the draft answers I gave her, but our attorney would not instruct me at all - not even regarding our particular company policies, etc., I've learned it all on my own.

so you are responding to interrogatories. Kind of foolish for the lawyers to allow this, unless it is for such basis information that the responses would not jeopardize whatever case this involved.

 

[swalsh411]

press for a title change and salary increase if I continue to fill her position indefinitely going forward, after she leaves the company.

Ask to be paid fairly for the work you are doing now. Not the work you may be doing if something else happens. Something tells me you are not a very assertive person.

 

[TXlegaladmin]

SWALSH411:

Sounds like they are stepping all over you and you're letting it happen. Did you even ask for a raise?

They are, which is why I'm asking what my legal standpoint is, and I did - see my excerpted text below.

I did ask about my raise, but their response was that I was at the cap for averages at my current position Admin - but I was doing Legal Asst. work.

Ask to be paid fairly for the work you are doing now. Not the work you may be doing if something else happens. Something tells me you are not a very assertive person.

I did ask to be compensated for the work I'm doing and they did not compensate me - hence the thread. Making an assumption about my assertiveness is not helpful and something tells me you did not read everything or comprehend it. Thanks for trying though.