Employment laws on changing a job description can be varied depending on many circumstances surrounding the change. According to Entrepreneur.com, job description changes are common, specifically when they are due to evolving the needs of the business. However, in some situations, employees can seek legal recourse. "Employers' Law Magazine" advises that employers avoid potential retaliation to job description changes by following a few simple steps.
When an employee's role or terms and conditions of employment are significantly altered, the role is considered changed. While employers do have the right to alter job descriptions to suit the needs of the business, "Employers' Law Magazine" advises that it is legally prudent for the employer to draft a new job description and obtain consent from the employee when a role changes significantly.
Guidelines in Changing a Job Description
According to "Employers' Law Magazine," it is important to avoid the "one size fits all" job description. With the help of the employee, address all the specific duties that accurately reflect the role and document them appropriately along with expectations. The employer should also obtain written consent from the employee stating that he agrees with and understands the new job description.
"Employers' Law Magazine" warns not to rely on flexibility clauses to cover the changes to a job description, especially when the employee is in a particularly skilled or more senior position. Failure to specifically document and receive agreement from the employee regarding the job description change may equate to a breach of contract, and the employee may pursue legal recourse.