Legal Question in Employment Law in Washington

Employment Law / Out of Class Work

Is it legal for a company to force an employee to work out of or beyond the employee's classification? If so, is there a limit to the amount of work involved?


Asked on 5/21/03, 1:02 pm

1 Answer from Attorneys

Stephen Teller Stephen A. Teller, Attorney at Law

Re: Employment Law / Out of Class Work

It is difficult to answer this question without knowing more about your situation. There is no law forbidding a private employer from making someone work outside their job classification, although it could be evidence of discrimination or retaliation or similar unlawful conduct if you are being made to do "scut" work without a good business reason.

If there is a union, the union's Collective Bargaining Agreement may limit who can do what work, so taking it to the union would be the first step.

In government, often the job classifications are more set, and working above one's classification may cause the government to have to pay more for the work, even retroactively. If you have been working above your class for a while in government, talk to the personnel department about re-classifiying your job.

There may be an informal similar analysis in private industry as well. If you are working above your job, maybe you deserve a raise. How to initiate that is not a lawyer question as much as a headhunter question, or a "political" question about the personalities at your workplace.

Hope this helps.

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Answered on 5/27/03, 12:10 am


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