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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: 28 days ago.Category: Employment Law
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Answered in 2 hours by:
3/29/2018
Employment Lawyer: Patrick, Esq., Lawyer replied 28 days ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,904
Experience: Significant experience in all areas of employment law.
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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...

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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).

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