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ScottyMacEsq
ScottyMacEsq, Lawyer
Category: Employment Law
Satisfied Customers: 15761
Experience:  Licensed Texas General Practice Attorney
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Can a corporation terminate a management employee who refuses

Customer Question

Can a corporation terminate a management employee who refuses to perform a union job assignment that is completely outside of their current job description? For instance, an employee who develops training material is being asked to climb poles and install copper wire for residential and business customers outside of their state of residence.
Submitted: 1 year ago.
Category: Employment Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. Generally speaking, yes. Employment in every state is "at will". At-will employment means that without a contract, you have no contractual or other right to employment with the company. The company is entitled to fire you for any reason: a good reason, a poor reason, or no reason at all--as long as the company does not fire you for an illegal reason (race, gender, age, religion, etc...). But it extends beyond firing, to hiring, promotions, demotions, wage cuts and raises, disciplinary actions, and even scheduling. Unless you can show that this was done in violation of a contract, union agreement, or a clear violation of an unambiguous and binding clause against the employer, or that it was done because of some minority status (age, race, gender, religion, disability) that you have, then they do have this discretion. Now if the employee has a contract or is part of a union himself/herself, then the express language of the contract or union rules might prohibit this. It could also be a violation of the union contract, and the company could have to answer for such a violation to the union. But it wouldn't be grounds for recourse by the employee if the employer terminated him/her. Now that being said, termination for refusal to do something so outside of the job description would still make the person eligible for unemployment benefits. It's not enough to constitute "misconduct" on the part of the employee for refusing to do this work that is not anywhere close to the job description or reasonable requirements of the job. But as far as any separate recourse against the company is concerned (except for the limited circumstances stated above) the company can do this. Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!