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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20398
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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I work for a large corporation and have been employeed with

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I work for a large corporation and have been employeed with them for 24 years. Currently I am a General Manager with this firm. Due to economics, they have cut my sales manager and I was told I would be doing that job now because it wasn't in the budget. I've also had to do the job of an "outside sales" rep in this same office and spend alot of time in the field away from my general duties as a GM. My pay get not increase with the extra responsibilities. I've been doing this balancing act for about 2 years and it has taken it's toll on my body physically and mentally. I've been written up and been put on final notice before if I can't make all these things happen because I've been told that it's my responsibility that these things get gone. I've told my managet that I'm doing all I can and work an average of 55 hours per week. What should I do? I'm a good and loyal worker and don't want to be fired but there isn't enough hours in the day to get everything done.



Thank you for the information. Can you be a bit more specific about what your legal question is, since it is pretty broad and I cannot tell you what to do. I can though discuss the law and the legal issues that you might be concerned with. Also, do you attribute these actions to poor management or are you implying that you are being targeted for mistreatment and if so why? Have you spoken to your boss's boss?
Customer: replied 4 years ago.

Legally, can I file a grievance against my employer for not being able to hire enough employees to get the job done and making me perform those duties? I'm a very good GM but am struggling to do all the other jobs that they now require. I've expressed to my boss and his boss that due to the extra responsibilities I now have, I can't get everthing done that they want. They haven't offered to let me hire my people. I'm stressed out to the max.

Hello again Don and thank you for that additional information and your question. Unless you work under a bargaining agreement or a contract that gives you grievance rights for being assigned extra work, etc., then there is no right to file any sort of legal complaint against your employer for these actions. The only exception would be if you believed that you specifically were being targeted because you are in a protected class under employment discrimination laws and not merely the victim of poor management and a bad economic situation.

The truth is that employers do what is happening to you more and more frequently these days to try to bleed as much work out of the workforce they have in order to cut costs and increase profits. Not necessarily a big picture view or fair, but entirely legal, again assuming they are not violating a contract, company policy or targeting you because you are in a protected class. In fact, an employer, absent a contract, is always able to change the terms and conditions of employment, including duties, hours, wages, benefits, etc., absent a contract or discriminatory intent.

If you do think the employer is violating a contract or company policy or is targeting you specifically because you are in a protected class, then you should immediately sit down with a local employment law attorney to discuss the details of your case and come up with a plan of action. If you do not, then you are in the unfortunate decision of staying and trying to endure this difficult situation, or trying to find more suitable employment. Not an ideal option, but the only one available when there is no violation of a law.

Please feel free to ask any related follow up questions that you might have. I would be glad to assist you further if I can.
Customer: replied 4 years ago.

Thank you for your response. One more question, what is considered a protected class?

You're welcome. That would be age (over 40), gender, race, national origin, disability, pregnancy, religion, AIDS/hiv status, and under Virginia law (but not Federal) marital status. So, if an employer takes an adverse employment action or engages and severe and pervasive harassment because of one of these factors, that would be unlawful.
Customer: replied 4 years ago.

I am 57 years old and I can't go like I used to. It's a little harder trying to juggle my admin duties and working in the field at my age. Would this issue be something that I could raise to my employer? Would it really matter anyway given the past answers you gave?

Although your employer cannot target you for the kind of behavior I mentioned because of your age, that doesn't give you any special rights to use your age as a reason for more favorable treatment. I hope that made sense, but what I mean is that they aren't required by law to consider your age in how they assign duties. That is essentially using he law as a sword instead of a shield. So, unless there is some sort of history of the company doing this to workers over 40 in an effort to force them out, and also statements about your age, you won't likely have an age discrimination issue. So, I wouldn't necessarily suggest that you candidly tell your employer that because of your age you can't handle this physical and mental stress. However, you can go back to them and just tell them in general that it is just too much work for one person to do and see if they will agree to move some responsibilities.
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