Truck Broke - Re-assign Driver to Warehouse?

Kymm

Due to equipment failure, we have a driver without a truck for approximately 3 -4 weeks. Can we require him to do "other" work for us during that time period... warehouse, etc. We do have a "catch all" in the job description - other duties as assigned..... and yes, I know that we should take that out (just haven't gotten to that yet). BUT... if he says "No way... that's not my job, etc." can we force him to? (Or if he won't, then he has to take the time off without pay?).. Your thoughts will be appreciated. (He has already used up all of his vacation for this year.)

Don D

For that matter, unless you have a union contract, you can assign him to sweep the fuel island until his truck is repaired. No law or regulation requires us to stick precisely with a job description once a person is hired. It could conceivably impact unemployment insurance eligibility process if he were to quit after you reassigned him, but, if only temporarily at the same wage, I don't think you'd even have a concern there.

System

I'm with Don. The employer has control over employees' assignments unless there's an employment contract, a union contract, a very badly worded employee handbook, etc.

And why would you get rid of the catch-all phrase in your job description? I call it "whatever." You never know when you'll need someone to do whatever, like a truckless driver.

James Sokolowski
HRhero.com

LindaS

I agree with both previous posts regarding his job assignment and also agree with James regarding your "catch all" phrase. We are a union shop and keep that sentence in the job descriptions for the purpose of assigning employees to duties outside of their normal job. I can't count the amount of times I have had to prduce job descriptions and have to highlight that very statement. One last thing, here in WI if you have work for an employee, and the employee refuses it regardless of what their "normal" job is, they would be ineligible for UI.

Pork

KYMM: We had a truckdriver that was excess to our needs, and we offered him another position with the potential for a greater income although at a lesser rate of pay per hour (it had a daily bonus compensation unit attached to the work activity). He refused and was awarded his State UI.

Another employee went to a doctor's appointment early morning and was gone all day, came in at 2:30 PM to pick up his paycheck. Work was still available for the ee and he was told to clock in because things at the work site required all able bodied employees to work including three additional managers/supervisors because physical activities had to be accomplished before anyone would be release to go home, he refused and was immediately terminated. State UI was denied, he appealed, we defended, and it was denied again.

Bottom line it can go either way it depends on the facts. Truckdriver at a lesser rate of pay, but with a daily bonus potential verses truckdriver with the same rate of pay, that refuses to work when work is available would probably not get UI.

You just need to look at his over all value to the company and if he adds value to the teams efforts, I would most likely encourage the Department Head to let him sweep the fuel island or in our case power wash the fuel island, or count cars and people's comings and goings at the gate at the same rate of pay. On the other hand "little value" lay him off let him draw UI and recall him when his truck is fixed. Your post reads as though you really don't have other valuable work for him to do. The UI is an eye opener! For most they would rather sweep the fuel island then live on UI.

PORK

Crout

I vote for power-washing the fuel isle. Those things get filthy. But I would pay him the same rate.

bamahr

I also had a truck driver that was going to be laid-off - I offered him a warehouse position for the same money- which he turned down. He was denied unemployment.