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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18808
Experience:  Employment/Labor Law Litigation
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My wife work America her boss and HR department told her

Customer Question

My wife work for BP America her boss and HR department told her last Friday that the company released her from her duties after 15 years of continuous work. They offered a voluntary package and she was informed that her last day of work was supposed to be on December 31, 2015. Today one of the secretary came and told my wife that she had to pack all her stuff because my wife boss don't want her there anymore. I suggested my wife to stop by the HR department to explain what happens and the HR department was surprised and told my wife that they were to talk with her boss because that was not the deal. She is very stressful for the situation and she want to know what she can do. All this problems that she has with her boss is because she want my wife to do her dishes every day example, clean her coffee cup, her silverware, etc. My wife is a Admin Assistant not her maid. Thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 1 year ago.

While I certainly understand that your wife is not her maid, unless you can allege that she is requiring her to do that work as a means of discrimination due to her race, religion, gender, age, disability or recent FMLA use, that's not illegal work to require someone to do. There is nothing in federal or state law requiring a strict adherence to job descriptions.

Your wife should continue to work with HR to obtain that voluntary package that they were discussing, but unfortunately unless your wife had an employment contract specifically stating that she could only be terminated for cause or that she must get severance at termination, such packages are voluntary from the employer's standpoint also. Unless and until such an agreement has been signed by both parties, there is no binding contract between you.