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Advice Needed Please Connecticut

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  • KayCee84
    started a topic Advice Needed Please Connecticut

    Advice Needed Please Connecticut

    OK this isn't concerning me or anything but a very good friend and co-worker of mine. We were recently losing a supervisor after Christmas so my friend/co-worker was told that she would be taking over the supervisor who was leaving. She was trained during the month of December and was given authorization and overide access as well as keys to the store and so on. For some reason her pay and title never changed into the system and management kept telling her that it would go though and that they had already submitted the paperwork meanwhile my co-worker was already performing all of the supervisor duties and opening and closing the store. The company we worked for recently announced that they were going to be laying off some employees from February until around April. Now my friend was told that she will not be promoted until after the layoffs are completed (which could be a few more months) and that if another supervisors store was being closed and they were given to opportunity to transfer into our store that they would get the priority and that my friend would not be be promoted. (Now that last part is understood because these are people that are already supervisors). My only concern is that aside from doing the supervisor duties she also has to perform the regular duties she did before but she is not able to do those as efficiently since she is performing the supervisor duties. Not only that but she has not received a pay raise and is performing all the duties at the same pay rate she was getting paid before. She has more responsibilities than before with the same pay. What are her options? I mean is it legal for them to ask her to perform all those duties without a title and most importantly adequate pay? What if she refused to perform the job duties? Would it be considered insubordination? Is there anywhere she can go to seek help without jeopardizing her job? Any help is greatly appreciated.

  • cbg
    replied
    It doesn't matter if she wants to perform those duties or not. It doesn't matter if it's a temporary position or not. It doesn't matter if it's a violation of a company M&P (whatever those are) or not.

    Please pay close attention.

    If the employer tells her she has to perform a certain duty, as long as it is not illegal or unsafe by OSHA standards, she is risking her job if she refuses. Period.

    They do not have to increase her wage or salary, EVER, except under the circumstances outlined in my first post.

    The ONLY exception to either statement is if she has a binding contract or CBA that says otherwise.

    All the what-ifs in the world are not going to change these answers.

    Leave a comment:


  • ElleMD
    replied
    Once again, the employer decides what duties someone is to perfoprm and what they will pay them to perform those duties. She can refuse to perform them as no one can force her to work, but she runs the very real risk of being fired if she does so. There are no applicable circumstances that will require the employer to allow her to perform only the duties she wants to perform, nor be paid what she feels is fair for those duties.

    Leave a comment:


  • cyjeff
    replied
    Let me make this simple.

    If your boss asks you to do something and it isn't illegal or dangerous, you do it.

    A prima ballerina can be asked to scrub toilets. The Vice President for Marketing can be asked to park cars at the next company function.

    Both of the above examples and your friend have the same choices, do the new task and keep your job, don't do the job and risk being fired, or don't do the job and quit.

    If you are asking if there is any law that requires a company to follow the rules as you understand them, you are wrong. Well, barring a CBA stating differently.

    Leave a comment:


  • KayCee84
    replied
    Upon further inspection I find out that she was given a temporary position with the promise of being promoted. The promise is not the issue however according to the Methods and Procedures of our company the temp position is to be issued as a temporary fill-in for no more than 90 days. I understand that M&P's are not laws but what about if she is beyond those ninety days and doesn't want to perform those duties? Can it be considered insubordination? I understand (from what you say) that an employer can ask you to perform any duties as long as they are not illegal and unsafe and that they can change the job descriptions but if what she is doing is not violating a method and procedure posted by the company can she get in trouble and possibly lose her job. Thanks for all the responses so far.

    Leave a comment:


  • cbg
    replied
    Job descriptions have no force in law. She can be asked to perform ANY duties the employer needs her to perform, whether they are part of her job description or not. Nothing in the law limits the employer's right to change or add to her job duties. As long as the duties are legal and not unsafe by OSHA standards, she

    There is no legal requirement that she has to sign an offer letter before she can be provided additional duties. There is no legal requirement that she receive an offer letter ever. The fact that you were asked to sign one may have been company policy; it was NOT law.

    Whether this is "fair" or not I am not prepared to say. But nothing you have posted violates any laws.

    Leave a comment:


  • KayCee84
    replied
    What if the duties that she is being asked to do are not part of the job description? Can she be asked to perform duties that are not in her job description? If not can she step down from her position or request to be demoted so that she doesn't have to perform those duties?
    The other question is when I got promoted before (within the same company) I was given an offer letter which I had to sign stating that I was accepting the offer. She never got any of that because she was never promoted.

    Leave a comment:


  • cbg
    replied
    I mean is it legal for them to ask her to perform all those duties without a title and most importantly adequate pay?

    Yes. Unless she has a binding contract that specifically says otherwise, they are entitled to ask her to perform whatever job duties are necessary. The ONLY time an employer is required by law to to provide a raise, in the absence of a contract, is if the employee is working at minimum wage, and minimum wage is raised by the appropriate legislative body.

    What if she refused to perform the job duties?

    She could and very likely would be fired.

    Would it be considered insubordination?


    Yes. She would not only be jeopardizing her job, but possibly her unemployment benefits too.


    Is there anywhere she can go to seek help without jeopardizing her job?

    If you mean any regulatory agency, no. No laws are being violated.

    Leave a comment:

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