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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11700
Experience:  19+ Years of Legal Practice in the Employment law arena.
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How do an employee handle unfair work distribution?

Resolved Question:

How do an employee handle unfair work distribution?
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.
Hello,

Why do you believe you are being provided with an unfair work distribution? (please be brief in your explanation)?

Also, is this a private employer or the government?

What have you tried so far in order to remedy the situation?
Customer: replied 1 year ago.

Well first of all my office supervisor had a unit meeting regarding the situation and I'll on vacation, so I didn't get a chance to input. The other point in my opinion there're a couple of other senior employee's in the unit over me.


 


Employer is gobal, not government. And the situation has happened before and I tried to discussion it with my supervisor before.


 

Expert:  socrateaser replied 1 year ago.
I see...hmmm...[thinking]...

I don't believe that I am the right person to assist you with this question.

In the interest of customer service I will reopen this question, so a different contributor can (hopefully) assist you with this issue. Please do not reply to this memo, as it will send the question back to me. You will be contacted when a new contributor enters the Q&A session.

Best wishes with your legal difficulties.
Expert:  AlexiaEsq. replied 1 year ago.
Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Employment law for 19+ years and look forward to assisting you.

I see your question as:

"How do an employee handle unfair work distribution" - Can you clarify what you mean by "handle"? Are you seeking to change the work distribution? Does everyone agree it is unfair, or does only the employee see it that way? Also, can you clarify for me if the employee has a contract of employment with the employer that defines how work should be distributed?

 

Thanks in advance for your clarifications to the above questions.

 

Sincerely,

Alexia Esq.

 

Customer: replied 1 year ago.

Let me address it this way,,,,, the task was given to one of my senior co-worker and the person complaint about not having the time to do it along with her other tasks and the supervisor decided to give it to me. I'm completely in the dark about what it all involves since I'm on vacation and won't be returning until 6/24/13.

Expert:  AlexiaEsq. replied 1 year ago.
I understand. But I do need you to address the questions I asked above. Can you see them?
Customer: replied 1 year ago.

Looking for options that can be possible be fair to everyone in the unit, including hanging the distribution of the work load. Yes, I'm pretty sure everyone is in agreement. There is no contract that I know of with the employer.

Expert:  AlexiaEsq. replied 1 year ago.
OK, it sounds like you are looking for information that is not of a legal nature, but of work productivity improvement nature, perhaps time management courses, workflow/delegation course, etc. I am not even sure what category here at Just Answer would cover that, but it definitely is not related to Employment Law (originally I thought perhaps you were inquiring of any legal rights you may have had to fairness in workload delegation, but now I see you were not). I will opt out and ask if a moderator may be able to better place this where it may be answered by a business management professional, perhaps. Thanks, XXXXX XXXXX a great weekend.

Sincerely,
Alexia Esq.
Customer: replied 1 year ago.

What if i may be interest in inquiring legal rights do I have any to the fairness in workload delegation?

Expert:  AlexiaEsq. replied 1 year ago.
Are you saying you would like to have me devote time to that question, in this transaction you chose? I am happy to discuss that with you. You can then repost any other management type questions in a new and separate transaction in the appropriate category, to better ensure those professionals will see it. Sound good?
Customer: replied 1 year ago.

Yes,I do.

Expert:  AlexiaEsq. replied 1 year ago.
Thank you.

OK, generally, an employer has the legal authority to delegate work as it sees fit, and the employee has no powers, rights or authorities to change things unileterally. Not as provided for by law - this is so with some limited exceptions I will describe below.

However, if the employee's contract (written) with the employer actually includes terms defining how this will be done, the work delegation, that would mean the 2 parties agreed and can rely on that contract term - it can be enforced in court. This would be unusual, however.

If there is no such contract then there is no basis on which the employer has lost its rights to delegate as it sees fit - even if the employee(s) think it is being unfair. That being said, if the workload is being unfairly distributed for some narrow ILLEGAL reasons - then the employee being discriminated against - or someone else witnessing it - can notify the upper management to hope it gets corrected and if not, he can file a claim for that illegal discrimination with the EEOC. For instance, if the unfair distribution is because he is male, and the females don't suffer the same unfair workload, that can be illegal workplace discrimination based on gender. Or, it could be based on religious beliefs, race, ethnicity, etc. You can read more on that at http://www.eeoc.gov/laws/types/index.cfm

So, in sum, unfair workplace delegation of workload is not illegal generally, and is only actionable if:

1) Parties had a contract terms making it contrary to the employment agreement
2) The basis for the unfair workload is an illegally discriminatory one, such as those categories covered by the EEOC.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions.

Sincerely,

Alexia Esq.

AlexiaEsq., Managing Attorney
Category: Employment Law
Satisfied Customers: 11700
Experience: 19+ Years of Legal Practice in the Employment law arena.
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