Employment Law Questions? Ask an Employment Lawyer.
Hello and welcome. My name isXXXXX am a Licensed practicing attorney and my goal is to provide you with excellent service today.
Would you be paid more?
Are you qualified to do the job?
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
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,
In DE you can only be given unemployment benefits if you were terminated,
or if you quit with good cause,
good cause, would be a major medical reason, or harassment,
Quitting the position due to the increased duties would not allow you to obtain benefits,
What you can consider doing is accept the job, and have the employer terminate you for poor performance, this way you can obtain benefits,
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?
You can bring up a religious accommodation issue,
So I can be terminated for poor performance and still get unemployment? I thought if they had justifiable reason, that I wouldnt be eligble
however you have to claim that you cannot accept the new duties due to your religous beliefs
It's not religious, per se
poor performance cannot prohibit you from unemployment, only misconduct,
the law only protects religious convictions,
moral is difficult,
Your best argument to not accept the position is a religious objection,
What if my employer says I do not have a choice but to accept new job description?
and you would be protected by Federal law
in that case, you have to decide, if you decline the position,
you would have to argue that it was against your religion in order to prove good cause. to obtain benefits,
Could they fire me for declining the new job description/job?
yes, DE is an at will State and an employer can terminate you for any reason,
if they fire you that is better,
you may want to send them a letter stating that you want to continue working in the same position that you were before,
and that due to your beliefs you cannot accept a different position,
If they terminate you, you can apply for benefits,
I think you
You do have a difficult decision,
ve answered all my questions. (Oops). It is a difficult decision
it would be best that you try to claim a religious exception and the employer may agree
If not make sure that you are terminated so you can receive benefits.
Good luck, and if you have any further questions please do not hesitate to ask.
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
But it's worth a shot
thank you wsf
If satisfied with our service please provide us with positive feedback, thank you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).