Can I be fired for poor performance on a job that I wasn't hired to do?

Can I be fired for poor performance on a job that I wasn't hired to do? My company went through a re-structure last year and our job responsibilities and titles changed. This change required that I expand on certain skills that were not originally on my job description.

1 answer  |  asked Aug 14, 2001 2:10 PM [EST]  |  applies to New York

Answers (1)

David M. Lira
Being Fired for Work Not Part of Job

If you worked for a public employer, such as NY State, or a city or county in NYS, you could have gotten a court order preventing the employer from requiring you to work out of title.

But you are in the private sector, so that the employment at will doctrine applies. What this doctrine basically says is that you can be fired for any reason or no reason at all. Thus, performance is not even an issue. Whether the duties for which you were faulted were within your job title is not an issue. Your employer could have fired you anyway.

There are exceptions to the employment at will doctrine, such as for improper discrimination. However, your query doesn't seem to raise anything that would suggest that you fall into an exception.

posted by David M. Lira  |  Aug 14, 2001 5:27 PM [EST]

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