Legal Question in Employment Law in New York

I am employed by a book and magazine distribution company in NYS. I was hired two years ago to merchandise the before mentioned products at a Wegman's location. Myself and the other merchandisers are now being forced to merchandise another companies product, that we are not employed by, along with our regular duties. I do not want to take on this extra work for my schedule is busy to begin with and I am exhausted when I get home. I did communicate my concerns with my employer and he states anyone hired for my position, this will be part of the job description. Do I have any rights to refuse this added work without the fear of losing my job? It is my feeling either I do the work or submit my resignation.

Thank You


Asked on 2/09/10, 3:55 am

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

If you do not have an employment contract with your employer, you are an at will employee and you can be discharged for any reason which is not prohibited, such as discrimination based on race or religion, etc.

So, yes, you can either do the work, or resign.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

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Answered on 2/16/10, 4:47 pm


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