Changing an employee status and not their job description

bunny

Can an employer change an employee status and title from Director to Coordinator and leave the same job description? this employee who was eligible for incentive comp would no longer be. There are Policies and Procedures for her department that were written by her that have to be ammended to reflect the title change. It was decided that her job description was not a Director's job description and based on that the change was made.

Don D

>Can an employer change an employee status and title from Director to
>Coordinator and leave the same job description? this employee who was
>eligible for incentive comp would no longer be. There are Policies and
>Procedures for her department that were written by her that have to be
>ammended to reflect the title change. It was decided that her job
>description was not a Director's job description and based on that the
>change was made.


In my opinion, it is always the employer's sole discretion to title positions and write job descriptions, even in those places that have a union. The job description should reflect fairly precisely what the job duties are and the title should be an accurate reflection of the duties. You're right to change the position's title from director to something else, if in fact it is not a director level job with Director level responsibilities and authority. If you have access to a Dictionary of Occupational Titles, you might consider visiting those definitions. Also, if your company uses a set of questionnaire forms to develop job titles and job descriptions, be sure to include the ee in the process so she will 'buy into' the outcome. Wouldn't it be great if SHE could actually be the one to come up with the recommendation based on her own analysis of the position's description and duties? Chances are it'll be an ego blow for her, but, it's more important to get it right than for her to have a stroked ego and be out of sync with FLSA. As long as you're on sound footing with your FLSA analysis and the job description and FLSA status are accurately reflected, I don't think you have any problem. Somebody may have a different idea, though, if you have a written job offer letter that the ee may decide to contest after you alter her title. I think that's remote though.

bunny

What about her loosing the incentive comp she was getting. Job description hasn't changed just title. This person has been doing the job for 5 yrs now.

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 07-12-02 AT 02:03PM (CST)[/font][p]In my opinion, if revisiting the classification and analyzing the status in terms of FLSA requirements does result in a decision to reclassify, and reclassification results in her losing a benefit that she had under the (wrong) classification, then the result is just a piece of natural fallout from the proper reclassification. Indeed unfortunate; however, what's the option? Leave her as she is in order not to rile her and so that she can retain the incentive comp pay? That doesn't solve the problem you have of her being incorrectly classified (if the test shows that). The fact that she's been (perhaps) incorrectly classified for five years is largely irrelevant. It's unfortunate; but, if you're in violation the only solution is to get compliant. x:-)You didn't indicate how many hours she works weekly....there's always a chance that the change in status from exempt to non-exempt will result in overtime that will equal the incentive pay she was making while exempt. There is an option: That would be to upgrade the duties and responsibilities so that the classification and title of director are correct. If changing her status is punitive in any respect, by any stretch of the imagination, I think we're having the wrong discussion.

dhnyct

Without knowing specifics and providing all things are equal(???)...consider what it would take to maintain the position level, especially if ee has performed well, has advancement qualities, etc. Consider the demoralizing effect on that ee and others...used, abused, disposable.

Judith

I agree with Don D. -- First you need to examine why the change is being made. If in fact the change is being made due to the employee not working at the director level I would question why. Also how was the change identified? (ensuring that this employee is not being singled out). If the position was a new position and the duties just didn't work out that way I would examine the business needs and ensure that Director level duties are being addressed by someone. If it is a punitive action I would tread carefully.