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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41220
Experience:  I provide employment and discrimination law advice in my own practice.
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Montana If an employee has only been doing some of her job

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Montana

If an employee has only been doing some of her job duties for the last 18 to 24 months, does that exempt her from being held to all of the job duties in the job description?

Thank you for your question. Please permit me to assist you with your concerns.

 

 

If someone has multiple job descriptions, the employer is free to use that employee in any, some, or all of those descriptions. If, for example, an employer only utilized someone in one specific instance or skill "A" , but the employee is hired to be able to perform "A", "B", "C", & "F", the employer could change the work from "A" to "F" (or "A", "B", "C", & "F") whenever he wishes. The employee cannot claim that it is beyond the scope and cannot somehow claim that this is beyond the scope of employment. In a situation where reasonable accommodations are pursued, then the employer is free to use whichever of those skills can be considered as an accommodation if the work the employee is doing now is no longer something the employee can adequately perform. The employee cannot be demoted or cut in pay if he or she is still performing what is expected, but the employer does have such flexibility.

 

Hope that helps.

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