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View Full Version : Job Duties Changed Can I Refuse???


Jasonkram
08-19-2005, 06:08 AM
Hi All-
I work in NYS as a field service technician. Our customer has taken over most of the repair duties, leaving us with parts repair as our main task. I was hired as a Field tech, given a car and I have done this nearly 2 years. Can I refuse the job change from the field to the bench? If I am terminated, is it righteous? I have a contract that requires 90 day notice from both sides. Will I have a case for 90 days pay at least? Is there a graceful way to leave this job? Thanks in advance-

cbg
08-19-2005, 08:03 AM
Only an attorney who has read your contract can answer your questions.

Jasonkram
08-19-2005, 08:22 AM
Hey CBG-
I hope some of your other 1,186 posts were more informative than that. How about answering "in general". Anyone else who feels like taking a crack at this, despite Mr. CBG, I would welcome any opinions. Thanks

cbg
08-19-2005, 09:13 AM
Jason, whether you like it or not, the fact remains that your contract is going to rule here. As far as the law is concerned, yes, they can LEGALLY fire you for refusing a change of duties, but if you have a bona fide contract that says otherwise, that makes a difference. So ONLY someone who has read your contract can tell you the answers, because ONLY someone who has read your contract knows what the contract does and does not permit. And you aren't going to get a different answer from anyone here.

And it's Ms. CBG, thank you very much.

Jasonkram
08-19-2005, 11:16 AM
Hi-
"Never ask an Elf for advice, for they will say both Yes and No". JRR Tolkien

Beth3
08-19-2005, 11:34 AM
So you want someone here to comment on an employment contract they haven't read? Sorry but the crystal ball is out for repair. :rolleyes:

Jasonkram
08-19-2005, 12:52 PM
Believe it or not, I am capable of understanding the fact that any definitive answer would require an in depth study of all the the facts, as well as all paperwork involved. HOWEVER- I believe this forum is here so we laymen can get a GENERAL idea where we stand, I am not looking for case law or absolutes but a general answer to a general question.
So perhaps MS. Cbg could have said- the law is this......unless there is some restrictive wording in the contract. So far out of the 3 replies I have received, only one had any useful info in it, and I had to yank that one out of her.
Roll your eyes at yourself, and please don't email unless you have something constructive to add. If you need this forum to stroke your ego, get a life.

cbg
08-19-2005, 01:13 PM
Clearly your expectations of what a message board can do for you are highly inflated.

Jasonkram
08-19-2005, 01:28 PM
But I had low expectations to begin with- thats what you legal eagles fail to understand. I JUST WANTED A SIMPLE ANSWER NOT A BINDING LEGAL DETERMINATION. But of course it MUST be me that doesn't understand, what else could it be?
I am learning why people despise lawyers so much.
Remember- there will always be people who know more than you- and LESS than you. Perhaps you left your compassion in the trunk of your Beemer. :(

cbg
08-19-2005, 01:49 PM
I drive a beat up Toyota.

You've gotten your simple answer. If you want anything more, you're going to have to pay someone for it.

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