Legal Question in Employment Law in Tennessee

Employment Contracts

When I became employed at Cendant Corp. I was offered the job and wage and had to sign documents that I accepted the terms, wage, etc of the position. About a month ago, my job was suddenly expanded to include another department, and my title and job description changed from Claims Rep to Claims/Assist Rep. There was no option, we were not given a choice other than to take the added work or leave the company, which some people did. We were not given anything to sign. My questions is: would this be a breach of an employment contract, since I signed agreeing to accept the position of Claims Rep, but never signed or was offered an agreement accepting the additional workload?


Asked on 6/03/03, 8:30 am

1 Answer from Attorneys

James R. Becker, Jr. Becker Law Firm

Re: Employment Contracts

The short answer to your question is that maybe this would be a breach of contract, but the final answer is more than likely that you have little choice in the matter.

Initially, it will depend on the writing. Most employers use forms which give them discretion to change your job duties and assignments. If this is the case, then you would have no claim. On the other hand, even if the employer failed to give itself this type of leeway, it can still change your job duties. If you do not accept the change, then it may be permissible for the employer to terminate you for your failure to perform.

At the end of the day a review of your employment contract is central to rendering any legal advice. I would recommend that you take the contract to an attorney who does a significant amount of employment work. Our firm would be happy to review the contract at issue for you.

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Answered on 6/03/03, 10:11 am


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