Job duties changed

Virginia

Let me start off by saying hello! My names Don and I'm a 22 year old Web Designer at a health care company and have been for four years. I'm uncertain if this is the right place to post my questions and if so please point me in the right direction Let me fill you in on a little back story. . .

About three years ago my responsibilities shifted to that of an Application Developer. At first I did not question this change as I hoped a promotion would be in order, but i was sadly mistaken After the first year of working on an application my manager at the time decided to further her career somewhere else and this is where my struggles began. The company went through a little reconstruction and I was placed under a manager of "legacy applications development" that didn't have the slightest clue nor experience for the caliber of work that was being demanded by the business, but it took me a few seconds to figure this out. The projects I have been working on have since been ill managed to such a cluster that I fear there is no hope for their completion. I've tried to question my roll on these applications, that I'm just a web designer not a developer but I always get the same response "...you are already an assigned resource..." They have job positions that describe exactly what I am doing and they pay 25-50% more than my current salary but the company is in a "holding" position and they're saying that there isn't room in the budget for promotions. .. . . but they have money to give directors and VPs 15% bonus' after they lay off 200 ppl. . . . .

I guess im just ranting now but is there anything i can do? I fear if I try to push for a new position anymore or ask to be taken off of the projects i'm currently working on, i too will be laid off. i dont know what to do can they fire me for not completing tasks that reside outside of my job description?

thanks for any light any of you may shed on my dilemma and sorry for any incoherences, its late

Don

I guess im just ranting now but is there anything i can do? Yes. You can look for a position with a new employer that is more suitable to your experience and career goals.

can they fire me for not completing tasks that reside outside of my job description? Yes.

Your employer is free to require you to undertake any tasks they wish you to, as long as they're not illegal or unsafe, whether you are qualified to perform them or not. If you don't care for the job they've assigned you to, then you are completely free to pursue new opportunities elsewhere.

What a lot of people don't understand is that a job description has absolutely no force in law. There is no requirement that an employer even HAVE job descriptions, as a matter of fact.

Unless you are working under a bona fide contract that specifies exactly what you may or may not be asked to do, your employer can modify your duties whenever and to whatever he chooses.

thanks for the responses! I'm still kind of confused though. Whats the point of creating different job positions that reflect different pay scales if they can task you with whatever they please, and could it be considered discrimination of some sort if they don't ask for the same responsibilities of all the employees inside that particular field?

I did sign a contract when I was hired that outlined my Job responsibilities as well as working 40 hours a week. That brings up another question I have. Can they force me to work overtime and if I refuse could they fire me then? They've already made thier policy know that they do knot give compensation for overtime so figure why work it.

I guess I'm just a wanker. I know VA is an "At Will" state so they could let me go for whatever reason whenever they please. wow my morale just hit rock bottom...

btw, thanks for all your help

turning economy

Hi I'm in NY - I just wanted to say that this seems like it's happening more and more, or perhaps I'm just starting to see it...

I have pretty much the same situation, my job description has changed dramatically over the past 2 years and now I'm doing work that other people get paid 1.5 to 2x what I make. No bonuses, no 401k, awful company morale.

It seems logical from a business point of view: get the most out of your employees with the least amout of money, and then when the employee complains, Mr. Senior Managment apologizes, blames the poor economy for the lack of salary increases, says they're working on it, but then buys a house in the Hamptons.

Pardon my ignorance, but is this the normal 'corporate company' situation? Maybe it's my good moral upbringing, but it seems like the company would *want* to keep it's employees happy...

is there a legal difference between quitting and resigning?

I'm not saying that it isn't a good idea to have job descriptions. It is, for any number of reasons. What I'm saying is that they are not required by law, and when they do exist they can be changed as business conditions require. The law is not going to require an employer to, say, hire additional people (or, for that matter, fire someone) rather than modigy a job description.

ILLEGAL discrimination means that someone is being treated differently BECAUSE OF their membership in a protected group. Web designers are not a protected group. Unless the job responsibilities are being handed out on the basis of race, gender, religion and so on, it is NOT illegal discrimination for different people with the same job description to have differing responsibilities.

Are you certain that what you signed is a CONTRACT? Many, many, many people mistakenly believe that a signed employment offer is actually a contract when it isn't.

But even if it is a contract, unless it says when outlining your responsibilities that you CANNOT be asked to do anything except what is listed, changing your responsbilities or asking you to take on additional responsibilites is unlikely to be a breach of contract. The same with overtime. Unless specifically barrred by CONTRACT (not employment offer) an employer is free to require overtime and to fire an employee who refuses.

If your job responsibilities (what you actually DO, not what your job description says) qualify you as an exempt employee, then they have no legal obligation to pay overtime no matter how many hours you work. An exempt employee is not paid on the basis of a 40 hour week. You get your same salary if you work 25 hours or if you work 65 hours. It is by no means unusual for an exempt employee to work more than 40 hours; their weekly salary is determined with this in mind.

If you do not qualify as exempt, then they MUST pay you overtime at the rate of time and a half whenever you work more than 40 hours in a week. If they fail to do this, you can file a complaint with the state DOL.

In either case, it is legal to require you to work more than 40 hours a week unless, as I said above, you have a CONTRACT that specifically says you cannot be. Saying, "The work week is 40 hours" is not enough; it would have to specify, "The work week will never exceed 40 hours" or something along that line.

Depending on your EXACT responsibilities, someone with the title of web designer could easily fall into either category. We have no way of knowing which you ought to be. You can look on the US DOL web site (www.dol.gov) under Fair Labor Standards Act and then under Exemptions for additional information. Keep in mind that the standards change on the 23rd of this month; check under the Fair Pay Act as well.

Whats the point of creating different job positions that reflect different pay scales if they can task you with whatever they please, and could it be considered discrimination of some sort if they don't ask for the same responsibilities of all the employees inside that particular field? No, this would not be any form of prohibited discrimination. No laws require that co-workers with the same or similar job title have the same duties.

I did sign a contract when I was hired that outlined my Job responsibilities as well as working 40 hours a week. A contract or a job offer? There's a huge difference.

Can they force me to work overtime and if I refuse could they fire me then? Yes.

Whether or not you have to be paid for overtime depends upon your job responsibilities. Professional IT positions frequently meet the criteria for "exempt" status however.

What you need to do is quit complaining (not that I don't understand your frustration) and start a job search. You need to find a new position with a new employer that is in line with your career goals.

Pardon my ignorance, but is this the normal 'corporate company' situation? Maybe it's my good moral upbringing, but it seems like the company would *want* to keep it's employees happy... Just as people are all different, so are company cultures. No, this is not normal (as in customary) but it does happen. There can also be a legitimate business rational as to why decisions like this are made (that the poster is ignorant of or hasn't shared.) Yes, a company that is well managed wishes to keep their employees happy in order to retain a skilled and productive workforce. That doesn't mean that unpopular decisions don't sometimes have to be made however.

is there a legal difference between quitting and resigning? No. Both words refer to the employee voluntarily deciding to leave their employment.

Looks like it resume time! Thanks again for all your information.

One more question I am an exempt employee but I am required to work a scheduled eight hour day five days a week. Its 9-6 with an hour lunch M-F and if I come in late or leave early I am written up. On top of that they frequently ask me to work weekends and stay late. How can this be?? Is there a limit? Can they say you can never go home? I've been told that I couldn't leave until the completion of a task which has left me in the office til all hours of the night, then expected back in the office at 9am sharp. They take take take and never give

thanks again for your quick responses

How can this be?? Your situation is not unique by any stretch of the imagination. Many, many employees are periodically required/requested to work additional hours, including the weekends.

Is there a limit? No. A few States require "one day of rest in seven" but there is no limit on the number of hours an employee can be required to work, other than minors.

Can they say you can never go home? Theoretically, yes, but how stupid would that be? Your workforce would be totally unproductive zombies in a couple of days.

Somehow or other, a lot of people have gotten it into their heads that exempt employees cannot be held to a particular schedule and are able to come and go as they please. That the employer is unable to require an exempt employee to work any particular hours or to require them to be at work during particular times.

This is not true. Regardless of whether an employee is exempt or non-exempt, they can be required to be at work during particular times and to work particular hours. They can be asked to put in extra time and they can be fired if they refuse.

The employer sets the working hours. Period. Regardless of exempt/non-exempt status.

What the employer CANNOT do is dock an exempt employee for coming in late, leaving early, or missing work. (There are a few, rigidly controlled situations in which docking an exempt employee is permissible, but these are limited and the employer can be held liable for violating them.) They can be disciplined but not docked. As long as you work any time during the day, you have to be paid for the entire day. And except for the exceptions mentioned above, if you work at any time during the week, you have to be paid your full salary for the entire week.