Job Not as Advertised

[1_big_dude]

What is the name of your state (only U.S. law)? South Carolina

In July, I accepted a position with a hospital to serve as media relations coordinator. The ad and job description displayed nine bulletpoints; eight of which dealt specifically with media. The other was a reference to contributing to publications.

The job has been completely flipped with 95% of the emphasis on publications. In the past, my new boss has told me that "We know we're not playing to your strengths but the job will change to more of a media-based position."

During a meeting yesterday, my boss and I had a conversation as she is very frustrated because all of my publication projects tend to run late. I accepted blame for that but asked when job would turn to media. Her response was that "It probably never will. There isn't enough going on here to justify someone working full-time on media." I HAVE THIS ON TAPE AS I HAD A VOICE RECORDER IN MY POCKET.

If I am indeed fired, do I have grounds for wrongful termination? I have the recording and a copy of the job description.

 

[TheGeekess]

What is the name of your state (only U.S. law)? South Carolina

In July, I accepted a position with a hospital to serve as media relations coordinator. The ad and job description displayed nine bulletpoints; eight of which dealt specifically with media. The other was a reference to contributing to publications.

The job has been completely flipped with 95% of the emphasis on publications. In the past, my new boss has told me that "We know we're not playing to your strengths but the job will change to more of a media-based position."

During a meeting yesterday, my boss and I had a conversation as she is very frustrated because all of my publication projects tend to run late. I accepted blame for that but asked when job would turn to media. Her response was that "It probably never will. There isn't enough going on here to justify someone working full-time on media." I HAVE THIS ON TAPE AS I HAD A VOICE RECORDER IN MY POCKET.

If I am indeed fired, do I have grounds for wrongful termination? I have the recording and a copy of the job description.

Nope. Publications are media.

 

[Ohiogal]

What is the name of your state (only U.S. law)? South Carolina

In July, I accepted a position with a hospital to serve as media relations coordinator. The ad and job description displayed nine bulletpoints; eight of which dealt specifically with media. The other was a reference to contributing to publications.

The job has been completely flipped with 95% of the emphasis on publications. In the past, my new boss has told me that "We know we're not playing to your strengths but the job will change to more of a media-based position."

During a meeting yesterday, my boss and I had a conversation as she is very frustrated because all of my publication projects tend to run late. I accepted blame for that but asked when job would turn to media. Her response was that "It probably never will. There isn't enough going on here to justify someone working full-time on media." I HAVE THIS ON TAPE AS I HAD A VOICE RECORDER IN MY POCKET.

If I am indeed fired, do I have grounds for wrongful termination? I have the recording and a copy of the job description.

No you do not have grounds for wrongful termination. You are not doing your job. Your publication projects run late. You are in the wrong. You can be fired WITH cause for not doing your job. And you were recording the conversation? Is South Carolina a one party state? Yeah apparently it is by way of caselaw. But this is in no way wrongful termination if you are fired.

 

[1_big_dude]

Nope. Publications are media.

Thanks but the job description mentions throughout about serving as hospital spokesperson, establishing working relationships with reporters, pitching story ideas, responding to media requests, issuing press releases. I am now told there will be none of that. The publications line reads "contributing articles to publications." Instead, I have been placed in charge of designing said publications and guiding them through the entire process.

Isn't there something that could be said along the lines of "that was the job advertised...the job I applied for..the job I was interviewed for...the job I was hired to do...and the job both parties agreed upon."

 

[cbg]

Not even close. That wouldn't even be in the same STATE as a wrongful term, let alone the same ballpark.

 

[Proserpina]

Does one often happen to have a voice recorder in their pocket, ready to pick up any slight excuse or misconception?

 

[1_big_dude]

Does one often happen to have a voice recorder in their pocket, ready to pick up any slight excuse or misconception?

This one felt the need to do it to this particular time to avoid any "he said/she said" stuff.

 

[cbg]

You see, you are under the impression that the advertised job description actually has some legal weight behind it. That's your mistake.

It does not. Barring a legally binding and enforceable contract that expressly and in so many words says that your job is x and can never be changed to y, your employer can change your job any time he feels like it to anything he wants it to be. As long as it's legal and state law does not require that you have a license to do the job, your job is whatever your employer says it is.

 

[1_big_dude]

Not even close. That wouldn't even be in the same STATE as a wrongful term, let alone the same ballpark.

Wow...so employers can completely change the job duties that were advertised and the employee has absolutely no course of action?

 

[justalayman]

Thanks but the job description mentions throughout about serving as hospital spokesperson, establishing working relationships with reporters, pitching story ideas, responding to media requests, issuing press releases. I am now told there will be none of that. The publications line reads "contributing articles to publications." Instead, I have been placed in charge of designing said publications and guiding them through the entire process.

so, you are upset because the fluff work is what you were looking for and you have actual duties to fulfill now?

publications= media


but let's get even pickier:

was there any specific percentage of the entire job apportioned to any particular duty listed? I suspect that when there is a need for any of the fluff work, you will be the go to guy. Until then, they want you to do something for the money they are paying you. You can accept that or move on with life.

 

[justalayman]

Wow...so employers can completely change the job duties that were advertised and the employee has absolutely no course of action?

You have the most powerful recourse available:

you can quit and find work acceptable to you elsewhere

 

[cbg]

Wow...so employers can completely change the job duties that were advertised and the employee has absolutely no course of action?

NOW you're getting the idea.

 

[1_big_dude]

NOW you're getting the idea.

Thanks. I don;t want to quit as I would not receive unemployment. If I'm fired, am I eligible for unemployment?

 

[1_big_dude]

so, you are upset because the fluff work is what you were looking for and you have actual duties to fulfill now?

publications= media


but let's get even pickier:

was there any specific percentage of the entire job apportioned to any particular duty listed? I suspect that when there is a need for any of the fluff work, you will be the go to guy. Until then, they want you to do something for the money they are paying you. You can accept that or move on with life.

Not at all. The work with media (press releases and supporting collateral) is hardly fluff work. It takes time to interview people, being up-to-date on news trends, finding the right journalist, lots of research to answer questions. No fluff work at all. It what I was hired to do.

Wow...why is everyone so snarky on here. Aren't you folks professionals?

 

[RRevak]

You see, you are under the impression that the advertised job description actually has some legal weight behind it. That's your mistake.

It does not. Barring a legally binding and enforceable contract that expressly and in so many words says that your job is x and can never be changed to y, your employer can change your job any time he feels like it to anything he wants it to be. As long as it's legal and state law does not require that you have a license to do the job, your job is whatever your employer says it is.

With this response I have a hypothetical question (thread hijack warning!); Girl is hired for an advertised "Door Girl" position at a local strip club (a fully clothed position). Manager decides he doesn't need a door girl and instead needs another dancer (fully unclothed position). Employee says no way to dancing because that wasn't what she was hired for and is then fired for insubordination. You're saying this is completely legal?