Re: Change in Job Description
Posted by lawguy on 5/08/09

On 5/08/09, w. wrote:
> I have been working at a place for 4 years (2 years on and
> off and 2 years full time). I was hired to be a
> receptionist and accounting clerk, I was also hired without
> a drivers license and it was never apart of my job
> description or a problem. ... Do I have no choice in the
> matter? (especially since I have anxiety even being in a
> car - which they think I joke about...)

1. unless you're promised a specific job (and specific
duties) for a specific period, your employer can probably
change your assigned duties (or "job description") at anytime
and for any reason.

Note: i say "probably" because a unionized employer may be
restricted (i.e., must bargain with the union first before
imposing a new drivers license requirement); see Cardi
Corporation and Carpenters Local No. 94, Case 1–CA–43892
February 25, 2009 (353 NLRB No. 97).

2. an anxiety won't get you anywhere. a "disability"
(including a disabling anxiety) may entitle you to
a "reasonable accommodation" to do your job, but it might not
excuse a necessary license requirement (of course, since
you've done your job without a license, it may not be an
essential function of your job to have a license, and thus
not a "necessary" requirement). so, are you merely nervous,
or do you have a disabling mental condition?

good luck.

Posts on this thread, including this one

• Change in Job Description , 5/08/09, by w..
• Re: Change in Job Description , 5/08/09, by lawguy.