Can My Employer Change My Job Title Without Telling Me

Nigh employees in the U.S. know that they are part of the approximately 74% of American workers employed at will, just they have an incomplete understanding of what that really means.

Employment at volition means that their chore is non guaranteed and they could be fired at any time, for any or no reason. Likewise, an employee is free to exit a job at any time for any or no reason.

From a general viewpoint, this understanding is correct and reflects how near people feel at will employment.

In every state but Montana (which protects employees who have completed an initial "probationary period" from existence fired without cause), employers are costless to adopt at-will employment policies, and many of them take. In fact, unless your employer gives some clear indication that information technology volition only fire employees for skillful cause, the constabulary presumes that you are employed at will.

What is At-Volition Employment? Read this excellent summary from the National Conference of State Legislatures (NCSL).

The reality is that your employer can change your job completely, with very few limitations, so long equally they are non doing information technology for illegal discriminatory reasons. Hither are 7 surprising things your employer change about your job without notice or your consent:

Your Employer Change Your Work Hours, Schedule, or Shift

The Federal Fair Labor Standards Act (FLSA) has no provisions regarding scheduling for adult employees. According to the U.s.a. Dept of Labor, an employer may alter an employee's work hours without prior notice or consent. Unless jump past a contract or written agreement, your employer tin modify your schedule nevertheless and whenever they see fit.

Expert Tip: How you respond to the alter can take a large touch on on the final outcome. Learn the 5 like shooting fish in a barrel-to-follow steps in our mail How to Answer When Your Boss Changes Your Schedule.

Oregon is the only state that has implemented predictive scheduling laws nether the Fair Piece of work Week Human activity (Oregon Senate Bill 828) that was enacted on Baronial 8, 2017.

Oregon Fair Work Week Act

Employers are required to requite your work schedule in writing at least 2 weeks in advance (as of July one, 2020) and must pay you a penalty if they modify your schedule without accelerate notice. You may pass up shifts that are not included in the written piece of work schedule

You lot have the right to provide input into your schedule and your employer may non retaliate against yous for making those requests, although they are under no obligation to grant your asking. You lot also have the right to rest betwixt shifts.

Read the plain-English language guide from the Oregon Bureau of Labor & Industries.

Piece of work Schedule Instability Statutes in Other States

Vermont (21 V.Southward.A. § 309) and New Hampshire (NH Rev Stat § 275:37-b) have established "correct-to-request" laws that prohibit retaliation against workers who request flexibility in their piece of work hours or location.

The majority of work schedule instability statutes are implemented at the city-level and may provide additional protections depending on your location, notably:

• San Francisco Formula Retail Employee Rights Ordinances (March 2016)
• Washington, D.C. Hours and Scheduling Stability Act of 2022 (June 2016)
• San José Opportunity to Work Ordinance (March 2017)
• Emeryville, CA Fair Workweek Ordinance (July 2017)
• Seattle Secure Scheduling Ordinance (July 2017)
• New York City Fair Workweek Police force (November 2017)
• Chicago Fair Workweek Ordinance (July 2020)

You lot Can Be Fired For Not Changing Shifts

If you are employed at volition you can exist fired if you lot exercise non work the hours your employer schedules you to work. More commonly your dominate will first use disciplinary action if you miss a shift or do not work your assigned hours, simply termination is also an pick.

Your employer does not demand to consider constraints in your personal life and is not required to obtain your consent before making the changes. Your job tin crave you to modify shifts between days/nights and can alter your work days to include weekends/holidays equally they run across fit.

Even if your employer has published policies in their employee handbook or visitor intranet, they are are not required to follow them. Information technology may not exist fair, but in most cases employers have the discretion to selectively apply policies, alter the policy to fit a situation, or disregard the policy altogether. In some situations, the language of a policy may create an implied contract or failure to follow a policy may be evidence of employment bigotry. Contact a lawyer for guidance.

Good Tip: Most salaried employees bask flexible schedules because they do non receive overtime pay. All the same, nothing in the FLSA prevents an employer from requiring exempt employees to punch a timeclock, piece of work a specified schedule, or make up lost time from absences.

Your Employer Can Change Your Title or Position

You worked hard to become that Senior title, and then y'all come in i day only to learn that your employer is reclassifying anybody and flattening the org nautical chart and …poof… your Senior championship but disappeared. It may seem similar a demotion, information technology might really be a demotion, only even if it's non deserved your employer can change your position and title.

If this happens to y'all at that place are ways you tin withal list the higher title on your resume. When people are promoted through several titles at the aforementioned company it is normal to list the most recent title for the unabridged date range, at to the lowest degree until the responsibilities modify enough to warrant a separate entry. Continue to list the highest championship y'all've held unless it was a formal demotion.

Your Employer Can Change Your Chore Responsibilities

Marriage contracts and commonage bargaining agreements normally explicitly comprehend what duties and job functions are associated with each position. For example, a UAW worker on the auto assembly line tin can not be asked to cover for someone who chosen in sick on the receiving dock – those are carve up task functions and positions.

At-will employees practise not have the same protections. Most task descriptions contain a phrase similar to "And other duties every bit assigned" and fifty-fifty if yours does not your boss is gratuitous to change your responsibilities every bit they encounter fit. This means that you can exist hired after applying to 1 chore description and perform completely dissimilar job duties.

You lot tin can reject to practise work not in your chore description … Your employer can't forcefulness you to do work that you refuse. If you normally work in the role and your boss tells yous to go work in the warehouse y'all tin deny their asking.

… and your employer can fire you. If you refuse a job assignment, you adventure disciplinary activeness and employer may decide to cease your employment for insubordination.

There are some situations where the courts take affirmed the rights of workers to decline assignments: situations where imminent danger exists, the act is illegal or immoral, or the request is discriminatory.

Your Employer Can Change Your Pay Rate or Salary

As many workers learned during the COVID-nineteen crisis, employers have the ability to make sweeping changes that reduce salaries and hourly pay rates. According to Pew Research, more than one-3rd of American households reported a cut in pay due to the pandemic.

Employers will implement pay cuts across an entire group of employees to make the activity more than defensible to discrimination claims. Although painful, most companies are using pay cuts equally a manner to avoid layoffs, or at least delay them during this global recession.

Change From Exempt to Nonexempt: Your employer can also modify an exempt employee to nonexempt, even when the position qualifies for nonexempt. All positions are nonexempt by default and nonexempt positions are considered to exist more generous under the law because they receive overtime pay.

Also, the U.S. Department of Labor has written that classifying one position as nonexempt does non affect the exempt condition of other positions with the same job title.

When a Pay Cut Is Not Legal: Pay cuts made for discriminatory or retaliation reasons are not legal, nor are pay cuts fabricated in alienation of contract. Pay cuts must as well be communicated to the employee in advance, with hours already worked paid at the previous pay rate. Pay cuts tin can not be a surprise and they can not be retroactive, but pay cuts can be in effect immediately later on the employee is informed.

Every bit always under at-volition employment, employees are free to reject the change and cease their employment with the company.

Your Employer Can Alter Your Work Location

This happens ofttimes in the healthcare sector – PRN workers expect to choice upward shifts when they are needed and frequently volunteer to piece of work at other locations within the infirmary network. Withal, any at-will employee can have their work location changed to meet business concern needs.

Protections under FLMA: When an employee is on Family and Medical Leave Act (FMLA) leave, the Human activity protects an employee's chore duties, number of hours worked, work schedule, benefits, and work location.

Your Employer Tin can Terminate Benefits

Many people change jobs simply to obtain health insurance, and will even take a pay cut to exercise it. Of the 91.5% of Americans who have health insurance coverage, more than than one-half (55%) get it through their employer according to 2022 demography reports.

Since January 1, 2015, the Affordable Intendance Act (ACA) has mandated that employers with l or more total-fourth dimension equivalent (FTE) employees must either provide wellness coverage or pay a tax penalty, normally referred to as the employer mandate.

No law directly requires employers to provide health care coverage to their employees (per Nolo). Employees do non take the correct to demand health care under the ACA and it is perfectly legal for employers of any size to refuse to provide it.

Companies that exercise non employ 50 employees on boilerplate during the calendar year are not required to offer wellness care insurance, although many of them practise provide health care benefits. With health insurance premiums rising 3-5% per year, employers are requiring employees to contribute a larger percentage.

Changes to how your healthcare benefits are governed fall under the federal Employee Retirement Income Security Act (ERISA) and by and large require 60 days' notice. Withal, there are however circumstances that can crusade you lot to lose health coverage without notice.

Your employer tin change their vacation policy and paid holidays without observe. There is no fedreal law that requires employers to offer whatever vacation time or paid holidays, In all 50 states employers are free to modify their vacation and paid vacation policies with no advance find, eliminate the benefits completely, and even revoke already-approved time off.

In some states and cities, paid ill get out is required by law and accrued hours can not be revoked. Some companies combine their vacation PTO and sick leave under 1 accrual and in those cases the do good can not be reduced beneath the requirements mandated past statute.

Similarly, in some locations accrued PTO hours are considered part of your wages and can not be revoked afterwards they have been accrued. However, employers are gratuitous to reject all time off requests and simply get out the accrued hours on the books until they are required to pay them out at employee separation. 27 states, and the District of Columbia, have laws regarding payment of accrued vacation time.

Skilful Tip: Check your company's employee handbook and other policies regarding holiday PTO time accrual and payout.
When a policy exists, the courts have generally ruled that the employer must follow their own policy even in the absence of a governing statute. Although employers are free to change their policy first and and then apply the PTO change going forward.

Your Employer Can Change Your Reporting Construction

Just similar everything virtually your job can modify, the aforementioned changes can happen to your boss and everyone else in the company. If y'all've worked for whatever length of time you've probably already had your boss changed several times due to company reorgs so this may be the least surprising particular on the listing.

Your employer tin motion y'all to a dissimilar section or assign you to a different boss. Supervisors can arrive to piece of work and detect their unabridged team has been reassigned to someone else – with or without a championship alter.

Why Employers Don't Brand These Changes Frequently

Even though employers have the power to make these changes, yous rarely hear of them in actual practise because employers want to protect their reputation.

Employers e'er desire to attract and retain the best employees and all vii of the changes listed above are highly confusing to employees. When employers do utilize these actions to their workforce it generates negative press and their reputation volition take a major hit.

These actions are used more oft past struggling companies and can be a signal that they are unable to maintain healthy financials and are resorting to final-ditch efforts in order to survive.

Considering these actions are not used frequently, many employees have faux conviction that their jobs are secure or that information technology is illegal for employers to make these drastic changes, and that is simply not the case.

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Source: https://www.expertemployee.com/employed-at-will-things-your-employer-can-change-without-notice/

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