What happens when an employer restructures a job?
In some cases, employers restructure jobs simply for the benefit of the employee. An employee who is unmotivated because of routine, repetitive work may be allowed to take on other tasks previously performed by other positions.
When to restructure a job for a disability?
Reasonable Accommodation. If a certain job requires lots of movement around the office, for instance, the company can restructure a position for someone with a physical disability that inhibits effective mobility. The job might then entail more phone and electronic communication or other duties the worker can perform from his desk area.
Can a company terminate an employee for any reason?
“That means an employer can terminate you for any reason, or no reason at all, as long as it’s not discriminatory.” At-will means that an employer can terminate an employee at any time for any reason, except an illegal one, or for no reason without incurring legal liability.
What happens to your rights when you get laid off from work?
In most cases when people are laid off from work, they are so shocked or emotional about the experience that they aren’t sure what to do, what their rights are, or if they might even have a legal basis to sue. As a result, they end up walking away, no questions asked—sometimes with severance pay, sometimes with nothing at all.
What happens when an employer eliminates a position?
Without that ground work being done, employers can end up with egg on their faces when a plaintiff says “okay, you had to eliminate a position, but why my position?” Another danger is that employers will claim a reduction in force may re-fill the position that they told the plaintiff they were eliminating.
When to use position elimination or reduction in force?
Employers sometimes see a position elimination or reduction in force as a way of terminating employees that is kinder and gentler than termination for cause. Position eliminations and reductions in force allow an employer to say goodbye to an employee without having to lay out the reasons for the separation on the employee’s door step.
Are there laws to protect employees from retaliation?
Most people know that laws exist to protect employees from discrimination and harassment. However, many don’t know these laws also protect employees from retaliation. That means employers cannot punish employees for making discrimination or harassment complaints or participating in workplace investigations.
Can a employer challenge a reduction in force?
Employers can still be challenged by an employee who claims that the reduction in force is merely a pretext for a discriminatory (and illegal) termination of employment. Reductions in force can be complicated things.