When you are hired by a company, it is typically to do a specific job based on your skills and experience. The big question then is: what happens if your employer changes your job description? Are you required to perform different job duties than what you were hired to do? As a general rule, the answer is yes. If you are an at-will employee, then your employer may change your job description, including adding additional job duties. However, if your job description is changed for an illegal reason – such as to punish you for reporting wrongdoing – then you may be able to file an employment law claim against your employer.
At Odell Law, we represent employees who experience workplace injustice. If you believe that your employer has violated California law by changing your job description, reach out today to schedule a free consultation with a member of our team.
Getting hired for a new job is an exciting time. You’ve landed the perfect role at a great company, and you’re ready to dive in. But what happens when a few months in, your boss starts adding unfamiliar duties that seem outside the scope of your original job description? Or even worse, informs you that your role is being changed altogether?
It’s a stressful situation that more employees find themselves in than you might think. In fact, recent research shows that about 1 in 3 workers end up quitting a new job within the first 3 months because the actual duties differ drastically from what they were hired to do.
So how much power does your employer have to alter your responsibilities once you’ve been hired? Can your manager just change your job role on a whim? Let’s take a closer look at what employment lawyers say on the matter and how you can respond if you find yourself in this predicament
The Legality of Changing an Employee’s Job Duties
First the hard truth with few exceptions employers generally have the legal right to change your job duties, or even your role entirely, without your consent. While you may have been given a specific job title and list of responsibilities when hired, companies need flexibility to assign work based on shifting business needs.
Unless you have an employment contract or collective bargaining agreement spelling out narrowly defined duties that can’t be altered, your employer can add, remove or modify assignments at their discretion. This leeway also allows them to promote you into an entirely new role with expanded duties.
However while managers legally can change your tasks smart leaders understand the wisdom of getting employee buy-in rather than forcing changes onto unwilling staff. Let’s look at some best practices for enacting role changes while maintaining morale.
How Managers Should Approach Changing an Employee’s Job Duties
Instead of abruptly informing you that your role is changing, thoughtful leaders take time to explain the reasons for the change and solicit your feedback. Here are some tips for managers looking to modify a team member’s responsibilities:
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Give plenty of notice. Don’t spring sudden changes on employees. Give them time to process the news and prepare for adjustments.
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Explain why it’s necessary. Share the business factors driving the change. Helping people understand the reasons goes a long way.
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Involve the employee. Get their take on proposed changes. Consider their ideas for smoothing the transition.
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Train properly. Ensure the employee has the skills and knowledge needed for new duties. Offer mentoring and resources.
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Allow reasonable adjustments. Recognize that roles can’t change overnight. Provide transition time and grace as needed.
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Update job descriptions. Revise documentation to reflect changes. This avoids future confusion over expectations.
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Renegotiate compensation. More responsibility merits revisiting pay. Employees will be more receptive to change if it comes with fair reward.
When employers take time to collaboratively implement changes, it shows respect for staff and helps maintain engagement through transitions.
Constructively Responding to Unwanted Role Changes
What should you do if your manager makes unilateral changes to your job that you’re unhappy with? First, avoid knee-jerk reactions that could jeopardize your role further. Instead, thoughtfully assess the situation and take proactive steps.
Understand Exactly What’s Changing
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Get specifics on how your duties will differ going forward. Don’t make assumptions.
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Ask your manager to explain the impetus for the changes. Understanding their reasoning allows for informed discussion.
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Request an updated job description reflecting the new expectations so there’s clarity.
Voice Concerns Openly But Professionally
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Express concerns directly to your manager, focusing on practical impacts like workload capacity, required skills and compensation fairness.
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Remain solutions-oriented. Don’t just complain; offer ideas for making unwanted changes more manageable.
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If the issue is compensation, research typical pay for the new role’s duties and politely make that case.
Involve HR If Needed
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If your manager won’t work with you, seek guidance from HR on policies around role changes.
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HR can provide an objective third-party perspective on appropriate titles, pay and growth opportunities under the new arrangement.
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They’ll also want to ensure your manager is following proper protocols for significant changes.
Negotiate an Alternative if Possible
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If you feel strongly the new role is not a fit, ask about transferring to another team that better aligns with your skills and interests.
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Be open to potential compromises, like keeping some original duties while taking on new projects.
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Make a case for a transitional training period before the full changes take effect.
Polish Your Resume as a Contingency
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Hope for the best from constructive conversations, but quietly prepare your resume and begin networking in case the role change becomes intolerable.
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With today’s hot job market, you may have ample options if you ultimately need to make a move.
When a Major Role Change Indicates It’s Time to Leave
While you should make reasonable efforts to address role changes professionally with management, there are some scenarios where it makes sense to cut your losses:
You were deceived during hiring. If the actual role proves to be wholly misrepresented from the job advertised and discussed, don’t waste time; start looking for a new opportunity with an honest employer.
Duties are unethical or illegal. Refuse to take on responsibilities that compromise your values, professional licenses or legal liability. Immediately involve HR and begin looking elsewhere.
It’s an extreme demotion. Slashing your duties and seniority level without cause is unacceptable. Don’t tolerate what amounts to a termination; proceed accordingly.
The new role doesn’t match your career goals. A major mismatch between the redesigned role and your professional development objectives signals it’s time to move on.
The new duties fall outside your areas of competence. Don’t try to force an ill-fitting role. Seek opportunities better aligned with your skills.
Your pay was reduced unfairly. A sudden pay cut without justification merits an immediate job search. Don’t keep working for an employer that exploits you.
The workload is untenable. If new responsibilities make your job literally impossible to complete successfully within normal hours and effort, your manager is being unreasonable.
While sudden unwelcome role changes are stressful, taking constructive steps to address the situation can help get things on track, whether that’s through improved conditions in your current job or finding a better opportunity elsewhere. With the right approach, you can overcome this challenging predicament and redirect your career positively.
General Rule: Employers May Change Job Descriptions for At-Will Employees
California, like most states in the U.S., is an “at-will” employment state. This means that unless you are in a union, working for the government, or have a specific employment contract, your employer may terminate you at any time and for any reason – so long as that reason is not illegal. At-will employment also means that an employer may change a worker’s job duties, title, pay, hours, and more at any time.
If you are an at-will employee, then your employer may change your job description at any time. This includes adding additional duties or requirements to maintain your position. An employer may even threaten termination if a worker does not comply with these extra job duties or requirements.
In this situation, Bill probably has to obtain a CDL – or risk termination. Due to the fact that Bill is an at-will employee, his employer may change his job description and duties. Even though Bill never signed up to be a driver, he may be required to change job duties if he wants to stay employed.
This may seem unfair, but in most cases, it is perfectly legal. At-will employment is often more favorable to employers than to employees. Keep in mind that being an at-will employee means that you can quit at any time, for any reason as well. If you don’t want to change your job duties, you have the option of leaving your position for something new.
My employer wants to change my job site and job duties. What can I do?
Can my employer change my job description?
However, there are a few important exceptions to the rule that your employer can change your job description at any time: When under a contract: Some employees sign a contract that specifies their job requirements, and any change in the job role would be a breach of this contract.
Can an employer change an employee’s job?
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent.
Can employers change job duties if there is no contract?
But practically speaking, as a general rule, if there is no specific employment contract or collective bargaining agreement, employers are free to change job duties at their discretion. Most job descriptions include an “additional duties and responsibilities as assigned” line.
Should you change job duties?
Employers should examine why the change is needed and if changing the duties is warranted before they discuss them with the employee. Several scenarios could prompt a change to job duties. It will be important to determine what the reason is before you speak with the worker so you can better support your reasons for the shift.
