Can I get written up at work for not doing something that's not in my job description ?
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Can I get written up at work for not doing something that's not in my job description ?
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I am a guard who was filling in for another guard on a post when I was told to lift a two security gates. (The kind you see at a parade.) This was not my first time filling in on this post ( I've filled in about 20 times over 2 years) and never have I been asked to do this or when trained for this post told that I would have to lift gates. The guard I was filling in for does not do this. The gates were always moved by grounds keeping. When I said no that I would hurt myself if I were to lift one I was written up for being "insubordinate in action and tone". I was told that my "blanket response of no was inappropriate" The guard that asked me to pick up the gates is a man about 6 feet tall and 200lbs. I am a woman 5 feet tall and 100 lbs. There is no way i could have picked up one let alone two. My boss then told me that the head of grounds keeping told her that they were light enough for me to lift . I don't understand how I could get in trouble for something that I did not have to do. Can someone please help me because this sounds like it's illegal. Do I need to speak to a lawyer? Thank you.
Additional Details
I didn't mean it to come off that I'm a woman I should not anything. Sorry about that. It's just that they seem to be pulling things out of there butts.The guy who asked me has the same rank as me and does that stuff every day and it's in his job description . I have never heard him ask the man I was filling in for or anyone to help him with anything. I feel like he was having a bad day and he had to take it out on someone and I was there. I will and can do my job, but not mine and his. Sorry I didn't mean to sound bitter.
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leysarob
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Yes, it's legal to write you up for not following direct instructions.
Every job description I've seen includes a line that goes something like this: "Perform other duties and functions as assigned by management."
It would have been OK, to respond that you would need assistance to move the gates, but not OK to simply refuse. |
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kapn
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Sorry........your gonna get canned........just because your a woman you want special preference........sorry.........do what your told........ |
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michr
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unless you have a contract or are covered by a collective bargaining agreement that specifically covers this issue then the employer was well within their rights to write you up.......................
even if you had a contract, the way you handled this was insubordinate and would still be grounds to write you up. which would explain the very wording of the counseling that was done. you could have easily avoided this entire scenario by using a different tone of voice and worded your objection in an appropriate manner. insubordination is grounds for immediate termination with "just cause".
as far as job descriptions go they are not required by law and can be changed at any time with or without advance notice. unless the description is part of a contract there is nothing binding to them they are simply an explanation of some of the duties for a particular job. |
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Judy
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A job description is just a summary of the major duries of the job, not necessarily all-inclusive. Yes, you are required to perform duties that aren't listed on your job description if so directed.
A better response would have been to try to do what you were told to do, then if you couldn't, to say something like "could you give me a hand with this - I can't lift it".
Saying "no, that isn't in my job description" can be a quick path to getting fired. |
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Rottie Mom
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I've had jobs where the job description ended with "and other as required." That could cover anything from a to z. |
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perrinediane
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Yes, and in some way most jobs these days have in written in your contract as "other duties as assigned" even if they don't write it exactly in those words.
If you could get free legal advice it couldn't hurt or some legal assistance but that doesn't mean your workplace will make things easier (possibly the opposite).
They have the upper hand here because regardless of what you could and could not do, how you say something can make all the difference. |
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jobbend
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The answer to your questions is directly related to how your job description is written, where you work, and if it's a position that is covered by a contract (or barganing unit) or not. If your job description says something to the effect of "and other duties as requested", and this is considered a reasonable request of any individual in your position, then it might be grounds for being written up. Sorry.
If however your job description is very specific and/or is convered by a contract with specific duties, then you might want to talk to someone in your area that is an expert in employment law. Generally, one of the questions that is asked of someone in your position during the application/interview process would be are you able to lift "x" amount of weight as this is part of the position. If you said yes and took the job they offered, it may be part of your job expetation, even though it's not part of your actual description. Talk to an attorney or the government agency that oversees employment law. |
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DD100
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speak to a lawyer work things out
sue your boss |
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