Q & A Session – Management Forcing a Reassignment

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Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.

Q:

My supervisor wants to reassign his executive assistant to another position, and reassign another staff member to perform the duties of his executive assistant. The executive assistant is not aware of the reassignment and the other staff member does not want to be reassigned. Can management reassign her without her consent? What recourse does she have?

A:

She can file a grievance. In the meantime, she will have to follow orders. It is not clear from your description if the persons described are being detailed or reassigned. But in either event, the unhappy employees need to work now and grieve later. They can certainly argue concepts such as improper classification or failure to follow detail rules, if they apply, as part of any grievance.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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