Labor Law Talk  
Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Go Back   Labor Law Talk > Employment and Labor Law > OHSA, State, & Federal Labor Laws Posting Requirements > New York Labor Laws

Reply
 
Thread Tools Display Modes
  #1  
Old 08-19-2005, 06:08 AM
Jasonkram Jasonkram is offline
Junior Member
 
Join Date: Oct 2004
Posts: 6
Default Job Duties Changed Can I Refuse???

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-
Reply With Quote
  #2  
Old 08-19-2005, 08:03 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

Only an attorney who has read your contract can answer your questions.
Reply With Quote
  #3  
Old 08-19-2005, 08:22 AM
Jasonkram Jasonkram is offline
Junior Member
 
Join Date: Oct 2004
Posts: 6
Default thanks but....

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
Reply With Quote
  #4  
Old 08-19-2005, 09:13 AM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

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.
Reply With Quote
  #5  
Old 08-19-2005, 11:16 AM
Jasonkram Jasonkram is offline
Junior Member
 
Join Date: Oct 2004
Posts: 6
Default Better....thanks

Hi-
"Never ask an Elf for advice, for they will say both Yes and No". JRR Tolkien
Reply With Quote
  #6  
Old 08-19-2005, 11:34 AM
Beth3 Beth3 is offline
Senior Member
 
Join Date: May 2005
Posts: 4,615
Default

So you want someone here to comment on an employment contract they haven't read? Sorry but the crystal ball is out for repair.
Reply With Quote
  #7  
Old 08-19-2005, 12:52 PM
Jasonkram Jasonkram is offline
Junior Member
 
Join Date: Oct 2004
Posts: 6
Cool well yes- exactly

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.
Reply With Quote
  #8  
Old 08-19-2005, 01:13 PM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

Clearly your expectations of what a message board can do for you are highly inflated.
Reply With Quote
  #9  
Old 08-19-2005, 01:28 PM
Jasonkram Jasonkram is offline
Junior Member
 
Join Date: Oct 2004
Posts: 6
Unhappy sorry.....

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.
Reply With Quote
  #10  
Old 08-19-2005, 01:49 PM
cbg cbg is offline
Super Moderator
 
Join Date: May 2005
Location: Massachusetts
Posts: 30,716
Default

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.
Reply With Quote
Reply

Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Forum Jump

Similar Threads
Thread Thread Starter Forum Replies Last Post
AC21 job change question Shogran Work, Student, Tourist Visas 4 03-30-2005 11:48 PM
change in job title and duties without consultation NH DTucker Labor Laws 9 09-15-2004 08:59 AM
H1B - job description changed Dragos Work, Student, Tourist Visas 1 08-19-2004 03:48 PM
how to get a canada work visa happyrav Canada Immigration Law 8 12-10-2003 06:19 PM
My first job in Toronto...inmy own field! tipmaster Canada Immigration Law 7 07-31-2003 08:26 PM


All times are GMT -8. The time now is 02:34 PM.


Powered by vBulletin® Version 3.7.1
Copyright ©2000 - 2009, Jelsoft Enterprises Ltd.
© LaborLawTalk.Com 2008. All Rights Reserved.
Privacy Policy | Disclaimer and Conditions of Use

The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com

Topics pertain mainly to the following States:
Alabama Alaska Arizona Arkansas California Colorado Connecticut Delaware District Of Columbia Florida Georgia Hawaii Idaho Illinois Indiana Iowa Kansas Kentucky Louisiana Maine Maryland Massachusetts Michigan Minnesota Mississippi Missouri Montana Nebraska Nevada North Carolina North Dakota New Hampshire New Jersey New Mexico New York Ohio Oklahoma Oregon Pennsylvania Rhode Island South Carolina South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming