Legal Question in Employment Law in Virginia

''Reapplying'' for job

I am employed with a public school. We are being told we have to reapply for our jobs, new job description coming out soon. The newest ''duties'' include toileting, lifting and feeding handicapped students. We will not be getting any training other than a video, we are not being offered any liability insurance and if we do not sign it of course we will be fired. We are all women, and will be forced to work with the opposite sex students most of the time. While I do not feel I discriminate I have been told that that is exactly what I am doing by ''denying'' services. I don't believe in denying services but I do know that not just anyone can perform these tasks well and can be comfortable doing them. Common sense. The lifting is for up to 100 pounds if it has not changed which is unrealistic to ask of me. I do feel that I am being set up for a lawsuit if any questions arise of the performance of my duties with no backup from the school system at all. I have no contract and my rights and reputation are at high risk. I know Virginia is an at will employment state, but this has not been in my job description for the ten+ years I have already been employed here. If I am to agree to this, how can I protect myself.


Asked on 5/07/06, 8:28 am

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: ''Reapplying'' for job

Without the protection of a contract or collective bargaining type agreement, I would say that you're without a remedy. And because you have no such protection, the fact that these

new duties are not in your current job description is really irrelevant as your employer can change the description whenever it suits them.

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Answered on 5/07/06, 10:04 am


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