Legal Question in Employment Law in Georgia
Labor and employment
My employer is temporarily reassigning me, among few others, from the position that we were originally hired, to a different position. (We were chosen, not out of lack of performance, but just random). I am in the top 6 among 17 Reps.
I was hired as an Outside sales rep. (base salary and commission). Now they want me to work at one of their retail stores to drive forklift, sweep the floor, stock, delivery, work odd hours, and work on Sundays (cannot work Sundays because of my religion). While the temporary role is not within the job description which I was hired, I informed my employer I will take on the new temporary role under certain conditions-can’t lift anything heavy ‘cos I’ll hurt my back; can’t work Sundays, ‘cos of religion; can only work 8-5 ‘cos my wife works in the PM, and I have little ones.
They are not willing to compromise, especially considering the fact that I was not hired under these conditions. I was told to either take it or else….
In order words, they are indirectly telling me to quit. (Constructive termination)?
New role starts on Monday, Oct. 22, 2007. Any legal grounds in my favor? Please advise.
3 Answers from Attorneys
Re: Labor and employment
Your best argument MAY be failure to accomodate your religion regarding Sundays. Because I don't know all the facts regarding your religious beliefs, you should go to the EEOC's website (www.EEOC.gov). This site will provide you with some information on certain employers' obligation to accomodate their employees' religion.
After reading that information (or before) you can consult with an employment attorney or go straight to the EEOC to file a charge.
I also practice in Georgia (Atlanta metro area). So, if you want to discuss the matter further, please contact me.
Re: Labor and employment
Just as a follow up to my first response, also look on the EEOC's website regarding the American's with Disabilities Act. You provided insufficient information regarding your specific injury. Nevertheless, depending on the nature of the injury and the size of the employer, you MIGHT be protected by that act.
Re: Labor and employment
The bottom line appears to be that the employer is requesting that you work pursuant to their instruction and needs. That generally defines the normal employer/employee relationship. Unless you have a contract stating otherwise, employment is "at will." You have the option of seeking employment that is more to your liking.
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