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Ask Legalease Your Own Question
Legalease
Legalease, Lawyer
Category: Employment Law
Satisfied Customers: 16338
Experience:  13 years experience in employment law, unions, contracts, workers comp law
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I am an exempt employee; is it legal for me to have two job

Customer Question

i am an exempt employee; is it legal for me to have two job descriptions?
JA: Have you discussed this with a manager, HR, or an attorney?
Customer: i asked our hr director-she sent me back to my director; the person responsible for assigning me the extra duties of the second job description.
JA: Because laws vary based on location, what state are you in?
Customer: texas
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes- im am always on call; the second job description is not official but iam expected to fulfill the duties and i am the only person in my employment place expbected to fullfill two jobs descritions-when others at my same level do not.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Legalease replied 5 months ago.

Hello there --

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Unless you are a union member (where there is an employment contract between the union and the employer) or you have a specific written contract regarding your employment with your employer (you would have received and signed it when you were hired) then you are what is legally called an "employee at will" and that means that the employer can use you in any manner that it sees fit (including increasing your job duties) and the employer can hire or terminate you for any reason or no reason at all. "At will" employees are truly at the whim of their employer legally to the extent that most people do not realize (the only time an employer must give a reason for termination is when an ex employee applies for unemployment benefits and the employer must give a reason for the layoff or termination to the unemployment department). The only recourse that you might have is regarding the number of hours that you are being paid for -- if you are an hourly employee and you are "on call" in such a manner that the obligation keeps you ready to work at any time and you are unable to do things like take a vacation away from being on call then you may have a valid wage and hour complaint that you can make to the US federal Department of Labor -- and my suggestion is that you contact the local office of the US Department of Labor regarding your duties and on call status because they can and will help you to determine if the facts of your situation warrant that you should be getting paid more money for some or all of these hours that you are on call for your employer. Here is a link to their website so you can connect to your local office in Texas:

https://www.dol.gov/whd/america2.htm

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Please let me know if you have further questions. If not, can you please press a positive rating above in the star rating section so I will be given credit for my time assisting you today. I am not given any credit at all for answering your question today unless you press a positive rating above. THANK YOU VERY MUCH

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MARY

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