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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15994
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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My employer is seeking to change my job description to add

Resolved Question:

My employer is seeking to change my job description to add significantly more and varied duties to my job without any form of compensation. Do I have any recourse to decline the new job description and continue doing the job I was hired to do? And if I resign, do I have recourse to apply for unemployment?
Submitted: 10 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 10 months ago.

wallstreetfighter :

Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.

wallstreetfighter :

Would you be paid more?

wallstreetfighter :

Are you qualified to do the job?

Customer:

I would not be paid more. And I am qualified. I have been performing the job responsibilities that the last employee was doing before she as fired in March and not replaced

wallstreetfighter :

This is an unfortunate situation, and you can deny the new position, however the employer could state that you quit the position, and you can be denied unemployment benefits,

wallstreetfighter :

In DE you can only be given unemployment benefits if you were terminated,

wallstreetfighter :

or if you quit with good cause,

wallstreetfighter :

good cause, would be a major medical reason, or harassment,

wallstreetfighter :

Quitting the position due to the increased duties would not allow you to obtain benefits,

wallstreetfighter :

What you can consider doing is accept the job, and have the employer terminate you for poor performance, this way you can obtain benefits,

Customer:

I work in an organization where I was hired to do non-abortion related services, and now they want me to manage abortion services, which I have some ethical issues with. Does that make any difference?

wallstreetfighter :

You can bring up a religious accommodation issue,

Customer:

So I can be terminated for poor performance and still get unemployment? I thought if they had justifiable reason, that I wouldnt be eligble

wallstreetfighter :

however you have to claim that you cannot accept the new duties due to your religous beliefs

Customer:

It's not religious, per se

Customer:

just moral

wallstreetfighter :

poor performance cannot prohibit you from unemployment, only misconduct,

wallstreetfighter :

the law only protects religious convictions,

Customer:

I see.

wallstreetfighter :

moral is difficult,

wallstreetfighter :

Your best argument to not accept the position is a religious objection,

Customer:

What if my employer says I do not have a choice but to accept new job description?

wallstreetfighter :

and you would be protected by Federal law

wallstreetfighter :

in that case, you have to decide, if you decline the position,

wallstreetfighter :

you would have to argue that it was against your religion in order to prove good cause. to obtain benefits,

Customer:

Could they fire me for declining the new job description/job?

wallstreetfighter :

yes, DE is an at will State and an employer can terminate you for any reason,

wallstreetfighter :

if they fire you that is better,

wallstreetfighter :

you may want to send them a letter stating that you want to continue working in the same position that you were before,

wallstreetfighter :

and that due to your beliefs you cannot accept a different position,

wallstreetfighter :

If they terminate you, you can apply for benefits,

Customer:

Ok

Customer:

I think you

wallstreetfighter :

You do have a difficult decision,

Customer:

ve answered all my questions. (Oops). It is a difficult decision

wallstreetfighter :

it would be best that you try to claim a religious exception and the employer may agree

wallstreetfighter :

If not make sure that you are terminated so you can receive benefits.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

Customer:

It feels like a challenging argument for me since I have been helping with those services for the last seven months, with the understanding that someone else would fill that role

Customer:

But it's worth a shot

wallstreetfighter :

good luck,

Customer:

thank you wsf

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

Customer:

ok

wallstreetfighter :

Thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15994
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 5 other Employment Law Specialists are ready to help you

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