What to do if I feel that I cannot perform a newly imposed requirement of my job?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if I feel that I cannot perform a newly imposed requirement of my job?
The company I have worked for over 25 years was purchased from a major national company. The new company says it requires all of its retail management group to obtain CDL’s. I do not feel comfortable in performing the duties of this requirement and feel that my job will be in jeopardy if I don’t do as they demand. Is there anything I can do? I believe the thought is if somewhere down the road a union location fails to come to terms with the company, they will most likely call upon management to step in and drive. I have only operated a Class “C” vehicle all of my life and I have severe anxiety about driving the larger Class “B” vehicles. I have my doubts that this requirement is consistent across the country too.
Asked on August 20, 2013 under Employment Labor Law, Maine
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Unfortunately, there may not be much that you can do. The fact is that unless this requirement violates a term of existing company policy, a union/collective bargaining agreement or employment contract to which you are subject, no law has been violated. The fact is that in an "at will" employment relationship an employer can set the terms and conditions much as it sees fit so long as no actionable discrimination is a factor. For example, the mandate cannot have been imposed due to your race religion, disablility, gender or the like (and it does not appear to have been).
At this point, I suggest speaking to your management and seeing if you can get exempted from the requirement, otherwise you will probably have to comply with it. If you are still unsure of your rights, you may want to consult directly with an employment law attorney in your area.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.