Employment Law

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Can my employer force me to take a position in my company…

Customer Question
Can my employer force...

Can my employer force me to take a position in my company that I wasnt originally hired for

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Massachusetts

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Its a full time position for a construction company working in the office

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Non union

Submitted: 7 months ago.Category: Employment Law
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Answered in 1 minute by:
11/28/2017
Employment Lawyer: John, Employment Lawyer replied 7 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,009
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 7 months ago

They cannot force you to take a position. The problem, however, is that you are an employee at will, which means that they can terminate you for any reason that isn't otherwise illegal. It's not illegal to change the terms and conditions of employment. Thus, they could legally terminate your employment if you refuse the change. You would, however, be entitled to unemployment compensation if the new position was substantially different than the former in terms of compensation and other terms (e.g., hours, travel etc.).

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation - simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Customer reply replied 7 months ago
Hi John,Thanks for the follow up.To clarify my situation: I live and work in Massachusetts working for a larger plumbing company. I was hired and currently work in a management position in the office, NOT in the field.My boss just came up to me today and asked me to take a position working every day IN THE FIELD with the tools...I'm 42 years old and dont want to be spinning wrenches on a daily basis...that is NOT what I signed up for when I was hired.I told him that is not what I signed up for and for him to lay me off so I could collect and find another job...he said he wont lay me off and that I could just leave the company on my own. The problem with that is that I would like to find a job first before I leave....or collect unemployment while I'm job searching.Your thoughts on this?Thanks,Matt
Customer reply replied 7 months ago
Hi John,As a follow up to my previous post, I was wondering if my situation would qualify for unemployment compensation? If so, do I just tell my boss to fire me so I can collect unemployment or do I just quit because I am being asked to do a job I didn't sign up for?Please advise.Thanks,Matt
Employment Lawyer: John, Employment Lawyer replied 7 months ago

Try to get in writing what he is mandating - i.e., that he's mandating you work in the field. Then you can just resign for cause - i.e., write something back to him that because he is substantially changing the terms of your employment you are forced to resign. With that, you can feel comfortable applying for and receiving unemployment compensation because a resignation for good cause attributable to the employer will get you unemployment benefits. Hope this helps. Thanks.

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Employment Lawyer: John, Employment Lawyer replied 7 months ago

I am sending you this follow-up to determine if you require further assistance with your matter. I believe I have answered your question to the best of my abilities. I truly enjoy helping others with my knowledge and experience, and I believe I provide a valuable service. If you agree that my response was of value to you, please support my endeavor to share my knowledge by providing a positive rating. You have already been charged the full amount for your question. Providing a positive rating will not cost you any additional charge, but it will permit the website to credit me with answering your question. If you do not rate the answer positively, the website does not credit me with answering your question. Thanks.

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