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Same job description, same pay, vastly different work? Minnesota

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  • Same job description, same pay, vastly different work? Minnesota

    Hello,
    I work in corrections with about 20 other people who all were hired under the same job description/title as corrections officers. Several months ago, 2 employees were given jobs that are over 95 % clerical.
    These 2 still get the same pay and benefits as the rest of us, but they have better hours, weekends off and almost no contact with inmates. These two "jobs" were never posted and interviewed for. They were simply given and have just have evolved.

    There is daily documentation regarding these 2 employees lack of inmate contact, and lack of work under their original job descriptions.
    I feel two new clerical jobs have been "created" with out a posting or interview for these two employees.

    Can our employer do this?
    Thank you.

  • #2
    Unless there is a contract, union or otherwise, that specifically says otherwise, yes, the employer can do this.

    Caveat: IF AND ONLY IF the better terms were given to these two employees BECAUSE OF their race, religion, national origin or other protected characteristic, then the EEOC might be interested. Otherwise, it falls into the "possibly unfair but not illegal" category.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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