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Job Description Rules

What is a job description and is it legal to make changes in an employee’s job description? Is there job description laws or somewhere for employees/employers to turn for job description help? Questions like these are often asked when dealing with employment issues. Read below some of the top job description questions that are answered by Experts.

Is it illegal not to have a job description?

It is not illegal not to have a job description in posting a job. The employer may provide more detail at the interview stage. Practically, it’s probably not very smart not to have one.

If an employee is disabled, can they argue the fact that a job description was misrepresented under the American Disabilities’ Act of 1990 section 501.

You can if the employer changed the job description during your employment and did not provide a reasonable accommodation to you even though you requested it. When facing job description issues, asking an Expert can mean getting the job description help you need.

Can an employer change an employee’s job description and hours of work without consent from the employee?

In most situations yes, an employer can change an employee’s job duties at anytime as well as change his or her hours of work. However there should be some notice given to the employee, this would not be a legal issue but a moral and ethical issue.

In Illinois, can a employer make an employee get a CDL license after working for the employer for 11 years if there are no vehicles that require that type of license?

The employer can't force the employee to get a specific drivers license but they can fire you for not having it if it is a requirement, even after 11+ years. Illinois is an "employment At Will" state which means an employee has almost no rights.

Can an employer specify being able to speak English as a job description or would this be discrimination?

If the employer can substantiate that the ability to speak English fluently is a specific job description or qualification because of essential duties, then speaking English would be a legitimate job description. If speaking English is a necessary requirement to do his/her job, meaning someone else couldn't do it for him/her, and then it is essential. If someone else could do the job without speaking English, then that would not be a legitimate job description and could be used as a discrimination suit. The employer must however be careful how it is worded during the interview process as well as the hiring process to not ask, What is your native language; what is the language you speak at home; or how did you learn to read write or speak a specific language.

Since a job description is mainly a list of duties that an employee would perform on a job, these lists could change as the job duties grow or change. Many times bringing legal issues and questions to arise. The Employment Lawyers are here to help answer any type of employment related questions including job description questions. When you need fast affordable answers, ask an Expert.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8108
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
11 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Job Description Questions

  • By law, is an employer required to give employees an employee

    By law, is an employer required to give employees an employee hand book when hired?
    If so, how long after being hired, should each employee get this employee hand book?
  • In June of this year a recruiter contacted me about a VP of

    In June of this year a recruiter contacted me about a VP of Safety position for which he had been retained to find a candidate. I contacted the VP of Employee Services for the company I worked for and asked if it would be okay for me to pursue the opportunity since it was common knowledge I had gone as far as I possible could where I am at.The VP gave his blessing and offered his phone number for a reference. I interviewed for the opportunity but the hiring process stalled. In the meantime the my boss resigned and I was promoted into his position of Corporate Safety Director in October. In December the other company contacted me and made me an offer. When we contacted my current supervisor of the offer he went ballistic and threatened to have the offer blocked. He also threatened to make life miserable for me and my new employer (both are General Contractors). The new company would not make me a written offer until I resigned from my current employer but did make me a verbal offer. After further discussions with both and more verbal threats from my boss I called but did not get an answer so I left a message and then emailed the new company to let them know that my discussions with my current employer had ended and that I would be resigning and would accept their offer. Moments after leaving the message to accept their offer,the President of the new company called me and said that when they originally offered me they had no idea how much trouble my old boss would make. They felt that i would be in everybody's best interest if I would stay where I am. In others words they were backing out and now I feel it is a matter of time before I am terminated or at the least black balled. Is this collusion or is this legal?
  • A religious organization obtained a personal email from my

    A religious organization obtained a personal email from my brother in law and began circulating it among church members behind my back without my knowledge. The email is very personal and discusses a problem I had with my husband. This was done without my consent or permission. The email is being used in a manner related to defamation of my character. I was informed that the organization instructions to those who read the email not to disclose what was being done. How do I stop circulation of the email?
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