New requirement outside job description?

My employer is threatening to withhold pay increases [or impose] disciplinary action if we do not acquire a mass hoisting license. I was hired without it; it was not in my job description. Are they allowed to do this?

Posted  01-09-2013

Steve Duggan replies:

The simple answer is probably “yes”. Unless you have collective bargaining rights as part of a union or a specific contract for a period of time, you are likely an employee at will. In such a case, Employers can impose new conditions of employment, so long as they are not violating the law in some way. The job description you had when you were hired would not limit the employer’s right in this regard. And, I can’t see how this would be a violation of any laws I am familiar with.


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About the Author:

Steve Duggan graduated from the Law School at the University of Notre Dame while on active duty in the Air Force. He has extensive experience representing management litigating cases of wrongful termination, employment discrimination, and sexual harassment. Steve also has experience in all phases of administrative litigation of unfair labor practice charges, and class and individual complaints of employment discrimination. He has been an instructor of seminars for supervisors and managers on labor management relations and other personnel issues, and for lawyers in basic and advanced trial advocacy courses. Steve came on board with Fair Measures in 1998.