how far does “other duties as assigned” in a job description go?

A reader writes: How far can “other duties as assigned” in a job description stretch? My company is asking us to do an assignment that is wildly outside our normal job roles. Imagine that we write user manuals for the a vacuum company, and now they’re telling us we have to go out and do […] The post how far does “other duties as assigned” in a job description go? appeared first on Ask a Manager.

A reader writes:

How far can “other duties as assigned” in a job description stretch?

My company is asking us to do an assignment that is wildly outside our normal job roles. Imagine that we write user manuals for the a vacuum company, and now they’re telling us we have to go out and do 2-5 weeks of door-to-door sales in another city, 12 hours a day, for 6 days a week.

We’re all salaried so the hours are within the legal limits, but the work is nothing like what we were hired to do. We have not been trained in sales and many of us feel very uncomfortable doing this work, especially when it means leaving our lives behind for as much as a month.

When we’ve raised this, management says our job descriptions say “other duties as assigned,” that the main job of the company is to sell vacuums, and since sales are down this is an “all hands on deck” moment.

Does “other duties as assigned” in a job description mean anything goes?

More or less.

Most jobs in the United States are “at will,” meaning that the company can change the terms of your employment at any time. They don’t need to give you a job description at all, and if they do they’re not bound by what it says. Or they could give you a job description with three specific tasks on it and no “other duties as assigned” at all and still randomly require you to do completely different things one day.

Job descriptions do carry legal weight in some circumstances, but not in the way you’re thinking. For example, they come into play if you ask for a medical accommodation and the company says, “Oh, there’s no way we could permit that because doing X is such an essential requirement of your job” and you’re able to argue that X has always been a minor and irregular duty and, look, it’s so unimportant that it has no relation to anything that’s in your written job description. (To be clear, even if it is in your job description, they still might not be able to argue it’s an essential duty of the role; that’s fact-specific. But not having it written down will generally make it harder for them.)

Job descriptions can also matter if you quit because your job changes drastically and then apply for unemployment benefits. You might be more eligible for benefits if you can use the initial job description to show that the change in duties was so significant that it would be intolerable to a reasonable person (although that’s not guaranteed and varies by state).

Job descriptions can also matter a lot if you have a union; your union contract may have rules around what, if anything, you can be asked to do outside of your job description.

But beyond situations like that, job descriptions aren’t legally binding in the way you’re hoping for, whether they say “other duties as assigned” or not.

So where does that leave you and your coworkers?

What your company is asking you to do is ridiculous. They might like for everyone to drop everything and travel around doing door-to-door sales in another city for 12 hours a day, six days a week, but that doesn’t mean it’s reasonable or realistic for them to expect people will do that. You and your coworkers have a lot of room to push back on basic practicality grounds — meaning that all of you should say, “Sorry, I can’t do that — I have family commitments here that mean I can’t be away more than very rarely” and “I’m not available to travel.” It would also be beyond reasonable to say, “I came on board to do X, and while I’m wiling to help out in a pinch, door-to-door sales isn’t something I am willing to do.” But in this case, just presenting the travel as an impossibility may be your strongest framing.

Your company could choose to fire you all if you don’t comply. They probably won’t do that, although you should be prepared for the reality that they could, and you should read the room as much as possible for a sense of how much leverage you have, both as a group and individually, and also about whether this whole situation reflects a company in such financial shambles that you might not have a job for much longer anyway. But there’s power in numbers and if you all flatly refuse — treating it as if of course this is unreasonable and not possible — you have a decent shot of getting them to back down.

The post how far does “other duties as assigned” in a job description go? appeared first on Ask a Manager.

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