Legal Question in Employment Law in Virginia

Government contracting - Fudged Job Descriptions

I am employed by a pretty well known Government Contractor. From what I believe, the work I am contracted to do is to be spelled out in a Statement of Work (SOW). My company has been under investigation before for questionable dealings but this is a bit more concrete. I was hired under a specific job title. This job title is no listed in the SOW at any point. On my company's website I pulled down the job summary for my current position and it gives a good synopsis of what the job requires (experience and duties). Once on site I (and many others)was immediately placed into a job shared by those in another (higher) position. This position pays more and has more detailed duties that can only effectively be done by people with certain qualifications. I meet those qualifications so I am being promoted (after being in my current position for 7 months) to the job I have been doing all along. I was recently reprimanded for not doing a job that does not fall under my SOW (which nobody has been able to find). Further incidents could lead to termination. The company management here simply says to do whatever the Army (the client) suggests. Is this legal in the world of contracting? What are my options? What are my rights? Email only pls.


Asked on 9/07/04, 9:29 pm

2 Answers from Attorneys
Thomas Dunlap Dunlap, Grubb & Weaver, PLLC

Re: Government contracting - Fudged Job Descriptions

I would need quite a bit more information. As you may have guessed the world of contracting governed, largely, by contracts. The prime, subs, teaming agreements, etc. in combination with the FARS or DFARS, in your case the DFARS (Defense Federal Acquisition Regulations. Our firm has experience in this area, but we cannot give you a generic answer based upon the information provided. Please feel free to phone us at your convenience at 703-777-7319 - ask for Tom Dunlap.

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Answered on 9/08/04, 7:46 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Government contracting - Fudged Job Descriptions

You indicate in your question that you were "hired under a specific job title" which is not described in the Statement of Work(SOW)where you believe it should be so-described. However, from the information you've provided, it's not at all clear whether the so-called SOW is in effect an employment contract which provides you with specific safeguards from being given the kinds of job assignments which you've described. If the SOW

or some other contractual agreement does not provide for these above-referenced protections, then you're just another employee in the Commonwealth working at the kindly sufferance of your employer who can terminate you at will for almost any reason which doesn't violate federal antidiscrimination laws.

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Answered on 9/08/04, 1:50 pm


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