Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I’m a woman that works for a big imaging and electronic

Customer Question
I’m a woman that...

I’m a woman that works for a big imaging and electronic company that sells machines, product and services for different document management solutions.
My title is technical Document specialist. I work on big machines to create huge posters, laminate them, printing, closing binders, etc.
I work alone in this department in a whole floor.
I have been with the company for many years having good performance reviews.
My job requires lifting and dealing with huge and heavy materials that are needed for these huge posters.
I always keep my department clean, gathering all the bulky and heavy waste and placing them in a huge recycle bins placed in my floor.
Recently my manager started to single me out asking me to carry all this waste in the bins to dump them in the recycle bin that is outside the building across the parking lot where all the trucks are parking.
I told him carrying the department waste outside the building to the recycle waste can’t be part of my duties and it was never stated to me as a job responsibility while being hired until recently.
Also, people in other departments even they have much less waste they don’t dispose their waste outside the building, they place them in bins and other people take care of it.
His reply was that the job requires that I can be able to lift 40 pounds which I already do every day many times but it never meant that I am required to move this huge heavy waste from the building to the recycle bin outside in the parking lot.
I documented my case with photos and gave it to him and he never responded to me until he gave me another written warning stating that I am not handling my duties and that I am making my department dirty and if I don’t start doing this I will be terminated.
As I mentioned, I always clean, and collect and keep this waste in the bins placed in my department.
They have been coming to me from time to time during working hours, stressing me out and threatening me with termination.
What can I do? How do I respond?
Your help is appreciated.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Just manager

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

No union

Submitted: 3 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 2 hours by:
3/29/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 3 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,405
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I understand your frustration here. However, I unfortunately must tell you that employers can change job duties at any time for virtually any reason, provided they are not discriminating on the basis of legally protected traits or retaliating in response to an employee engaging in protected activity (i.e. filing a wage claim, taking FMLA lease, etc.). It would be this sort of MOTIVATION that would make the conduct unlawful. It sounds like you are being treated unfairly, but you have not stated facts which suggest that your employer has an unlawful motivation (i.e. a protected trait or retaliation for a protected activity). That being the case, the law would not protect you, and you could be lawfully terminated for not fulfilling these job duties, even if the job duties are outside the realm of what you originally understood your job to be, and even if you are being targeted in an unfair manner.

If you believe that you are being targeted because of a legally protected trait or activity, you can file a complaint with the EEOC and have them investigate. You could also refuse the task and then sue if you are terminated. But to be candid, it is rarely wise to trade your job for a lawsuit, especially one which requires you to prove a specific unlawful motivation--something that is very hard to do.

I hope this information helps you understand how the law applies to your situation. If there is anything else I can do for you, just let me know. It's my pleasure...

Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Patrick, Esq. Your Own Question
Patrick, Esq.
Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 14,405
14,405 Satisfied Customers
Experience: Significant experience in all areas of employment law.

Patrick, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

12,490 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
I've been a salared manager for many years and worked on
I've been a salared manager for many years and worked on average 50-55 hours a week. I'm wondering if its legal to make salaried managers work 70 plus hours a week? … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
Miami fl 33179, Rolando Moncada, 2012 and 2013 half of 2014
Miami fl 33179, Rolando Moncada, 2012 and 2013 half of 2014 I was vice president of the second forum condominium, our account was in 0$ since the administrators we had took the found , for a job never… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
Doctoral Degree
244 satisfied customers
As of December 9th 2015, I have been with my employer years.
As of December 9th 2015, I have been with my employer for two years. Around the middle of 2015, they replaced one of the Human Resources employees. Not lot long after that there was a position open fo… read more
socrateaser
socrateaser
1,452 satisfied customers
I have a question about work abuse. and I have been working
I have a question about work abuse. My name is***** and I have been working at a technology company for 11 years and in that 11 years I have had 2 going on 3 surgeries relating to work. I have blown b… read more
Andrea, Esq.
Andrea, Esq.
Attorney
Post-Doctoral Degree
10,512 satisfied customers
I have a nice car. My employer,Walmart, is forcing employees
I have a nice car. My employer,Walmart, is forcing employees to park way out where trucks park with little surveillance if any. I'm worried about my car. Can they force you to park in an area where yo… read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
86 satisfied customers
Can I sue my employer or request workers comp for pushing me
Can I sue my employer or request workers comp for pushing me to my limits causing me to be unhealthy and be off of work for a week.? I am a delivery manager (operations) working for lowes. About two m… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
If a person had a written doctors notice that they cannot
If a person had a written doctor's notice that they cannot lift more than 20 lbs for a certain periord after returning to work following a hernia surgery, and upon returning to work after the surgery … read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
I believe I have a problem, I am a retired disabled veteran
I believe I have a problem, I am a retired disabled veteran of 20 years service and I am also Government Contractor, currently working for Science Application International Corporation. The contract I… read more
JackJD
JackJD
Juris Doctor
180 satisfied customers
I as at home lifing some furniture and back went out. I called
I as at home lifing some furniture and back went out. I called in sick on a Monday reporting my back was out. My boss told me she wanted me to bring in Doctor's note, so had to make a doctor's appoint… read more
laborlawyer1
laborlawyer1
99 satisfied customers
I work for a large Wireless carrier and am feeling discriminated
I work for a large Wireless carrier and am feeling discriminated against, I have had to use a walker to aid in my mobility since July 2010, and where I work The winter months are very hard for me beca… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
I am a disabled veteran and 100% disabled - I have lifting
I am a disabled veteran and 100% disabled - I have lifting restrictions among other medical issues. I went to work for a local grocery store stocking shelves (which wasn't a problem as they knew of my… read more
AttorneyTom
AttorneyTom
Attorney at Law
Juris Doctor, BSBA
1 satisfied customers
my husband works for a family owned company, there are about
my husband works for a family owned company, there are about 80 people there and he title is building maintenance manager he has 5 employees he supervices. When he was hired he was told his hours were… read more
Lady Themis
Lady Themis
Attorney
Doctoral Degree
I work in a doctors building and have worked here for 15 years.
I work in a doctors' building and have worked here for 15 years. Several years ago, I had hip replacement surgery and I have a very bad back. I am not able to walk very long distances. My doctor gave … read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I was fired frm my job for something i did not do.I have seen
I was fired frm my job for something i did not do.I have seen several lawyers that kinda exsplained the labor law to me but my problem is that i work in a medical records department. A chart that was … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
Description I am a independent contractor and was hired by
Description: I am a independent contractor and was hired by the company to oversee their electronic scrap dismantling. In addition to this they had me do special projects around the warehouse. I was a… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
My position requires that I fly once or twice a month. I have
My position requires that I fly once or twice a month. I have MS, but am not wheelchair bound. However, it is becoming increasingly difficult to manage dragging the bags from the parking lot into the … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
i lost part of my finger in november of 2007, after a dispu
i lost part of my finger in november of 2007, after a dispute with my company over the severity of my injury i hired a workers comp attorney,he filed a petition and the judge ruled in my favor,as soon… read more
legaleagle
legaleagle
Attorney
Doctoral Degree
7,047 satisfied customers
my employer grabbed my surgical gown near my neck which I was
my employer grabbed my surgical gown near my neck which I was wearing with both her hands..is this harrassment?… read more
InsuranceLawyer
InsuranceLawyer
Managing Attorney
Doctoral Degree

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x