Legal Question in Employment Law in California
Can I refuse a potentially unsafe work assignment and not fear being fired for i
Can my employer demote or fire me for not doing what they ask me to do because I feel unsafe with the work assignment, which may be reasonable for a male employee but not reasonable for a female? Background: I manage a garden center store for a large chain. The Corporate office has launched a new home gardening consulting campaign where a ''consultant'' from the store will go to a customer's home and provide garden / landscape consulting. If no consultant is available, Corporate says that the Manager MUST go on his/her day off to do the consulting (with minimum compensation!). I am a small woman, and I am not comfortable with the thought having to go into a stranger's home. That is not the work description I signed up for when I joined the company, having worked my way up and becoming a manager. Now any stranger can walk into the store now and ask for the consulting, and according to company policy I would have to go?! I do not feel safe to do this! Assuming there is no consultant available from a nearby sister store, can my employer fire or demote me for not going with the program?
1 Answer from Attorneys
Re: Can I refuse a potentially unsafe work assignment and not fear being fired f
No easy answer on this. If you have legitimate safety concerns like those, put them in writing to the company, and request HR intervention and help. Refusal to follow orders is normally ground for termination. If needed, have an attorney help and represent you in this, to get it handled properly by the company. Contact me if interested.
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