Legal Question in Employment Law in Minnesota
Does new job description, end the old position?
Our church is designing a new job description for a 30 hr. + week administrative assistant position.
We have a current secretary who is working under a very different job description from a few years ago. The new position will require expanded responsibilities and skills in comparison to the current job description.
We want the current secretary to apply for the new position, and we also want to consider others and open up the job to an interview process.
Our secretary started a number of years ago and though the job description didn't change, the hours have increased from 5 to 10 to 15 to 20, to now 30 hours/week.
If our council approves the new position and job description, can we pick a date in the future that will be the beginning of the new position, and does that put an end to the old position?
If our current secretary is not the best candidate for the new position is there danger of a wrongful termination suit?
Please tell me the legal steps to do this correctly.
Thank you for any help you can offer.
1 Answer from Attorneys
Re: Does new job description, end the old position?
You should advise the current employee that her position is being terminated, and she is encouraged to apply for the new position. If she is not selected for that position, she obviously is out of a job and could apply for UE benefits, and make other claims which might exist. If no written contract is in place (and the position is non-union) it is likely she is an at-will employee, who can quit or be terminated at any time without notice.
I have 25 years of Business and Employment law experience.
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