Legal Question in Employment Law in California
Hi
I am working as a data entry clerk, my job title is Administrative Sr Clerk II, for a company. My job will be terminated in August and all people have to go. In the mean time, we are asked to go the basement to cleanup the stuff for them. This is a heavy physical work which definitely out of my duties. What is my right as an employee and will there be any consequences if refuse to work for this assignment?
Thanks.
William
2 Answers from Attorneys
The employer has the right to change your duties at any time as long as they are not asking you to do something illegal, unsafe as defined in CalOSHA regulations, or that requires specific government mandated licensing or training that you do not have. The consequence is that they will be able to terminate you for cause now, instead of as a lay-off in August, and you will lose your unemployment benefits.
If you refuse to follow orders, you'll get fired, as you are 'at will'.