lawyer

The employment laws on changing a job description favor the employer in most situations. Generally speaking, an employer can change a job description whenever it is convenient to the company. In some situations, a change of job description requires negotiation with the employees or with a union.

Job descriptions and the employees who fulfill them are protected when a formal employment contract has been established. Written employment contracts may contain language that specifies a job role and duties but often focus on salary, benefits, work location and title. When signing a contract, prospective employees should ask for language that spells out what role they are expected to fulfill and whether or not that role can be changed without notice. Corporate needs change, and companies have a right to change job descriptions accordingly.

Employment laws developed for protected or special interest groups can shield employees from specific changes in their job descriptions. An employer cannot break any law in an attempt to change a job description. For example, the Americans With Disabilities Act protects disabled persons in the workplace. A job description change that forces an employee to work in a capacity in which he is unable to physically perform would be illegal.