Can You Be Fired for Not Taking on Any More Responsibilities?
Requiring an employee to take on additional responsibilities at work is the sole prerogative of the employer in most cases. An employee may refuse to perform these new tasks, but doing so often comes with a risk of termination. Employees with existing employment contracts have a larger degree of protection against changes in job description than at-will employees.
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Employment At Will Laws
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As of 2011, every state in the United States has employment at will laws in place except for Montana. These regulations allow employers and employees to terminate working relationships without prior notice and at any time, provided employers and employees adhere to all other applicable state and federal labor laws, including those pertaining to harassment and discrimination. At-will employment also enables employers to change employee job descriptions as employers see fit, provided employers give proper notice to workers of changing expectations and job requirements.
Refusing to Perform Tasks
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At-will employees refusing to take on larger responsibilities as required when an employer changes employee job descriptions, may give the employer justifiable grounds to terminate the workers. Termination for refusing to perform essential functions of job positions may prevent these employees from securing unemployment benefits from the state because the terminations were a direct result of employee fault. This may also apply to employee promotions within the company, especially if the employer has already assigned new workers to occupy previously held employee positions. Employees may be able to refuse promotions, but that's at the sole discretion of the employer.
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Required Certifications/Licenses
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An employer requiring an employee to take on additional responsibilities at work must do so within legal parameters, including making sure an employee has all appropriate certifications and licenses to perform these new tasks. It is illegal for an employer to terminate a worker who refuses to perform job functions he doesn't have sufficient licensure or certification to perform. For example, requiring a mail room clerk to make product deliveries using a commercial vehicle without a commercial driver's license is illegal and increases the risk of injury and damage to private property.
Labor Union Contracts
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It's normal for a collective bargaining agreement between an employer and a labor union to define the job descriptions of each employee position, including the responsibilities and expectations of each particular job. It is a breach of the collective bargaining agreement to change the job descriptions of employees or to terminate the employment of union members for refusing duties outside negotiated job descriptions without consulting the labor union. Breaching the collective bargaining agreement could cost an employer thousands of dollars in fines and court costs from labor union lawsuits and investigations by the National Labor Relations Board.
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