Job Descriptions

The phrase "all other duties as deemed necessary" has been a standard on job descriptions. Is there any information that this may not be legal. Recently an employee has stated an objection to this phrase, stating that it is illegal. Would appreciate comment.

Comments

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  • I do not know why it would be illegal, unless the company has a union (in which case the duties probably have pay grades assigned, and employees have job assigment rights).

    The employee may be thinking that under the Americans with Disabilities Act, the employer cannot force the employee to do a non-essential function if the employee's disability limits the employee's ability to do so. However, employers can generally assign whatever work they want, and have a vague "all other duties as assigned" clause would not violate the law.

    I would keep the phrase in the description. It will stop certain employees (probably this one who is complaining) from refusing to do assigned work, and then claiming that the assigned work "isn't my job"

    Good Luck!




  • I'm not sure why I remember this, but I have heard that it is too broad of a category. Why????

    I know that we have changed ours to read "all other departmental duties as may be necessary."
  • Did you ask the employee where he or she heard this? Somebody once said, "a little knowledge is a dangerous thing".

    [email]paulknoch@hotmail.com[/email]
  • We begin each job description with the following:

    We believe that each employee makes a significant contribution to our success. That contribution should not be limited by the assigned responsibilities. Therefore, this position description is designed to outline the primary duties, qualifications and job scope, but not limit the incumbent nor the organization to just the work identified. It is our expectation that each employee will offer his/her services wherever and whenever necessary to ensure the success of our endeavors.

    We all joke about "other duties as assigned" around the office because that certainly is our reality, but I feel this introduction sets good groundwork for our approach to sharing labor. For example, if there is big mailing going out and we have a deadline, everyone from the receptionist to the CEO is folding, labeling and posting. Obviously, we are not union so we don't have any barriers there.

    Hope this helps!


  • I hope he or she is probationary. If a new employee tells an employer that 'something is illegal' that is a huge red flag signal of things to come. If you're being 'challenged' during probation, think of the challenges that are yet to come. I find a good 'disclaimer' or 'catch all' is: Other duties and assignments as from time to time may be determined by supervisor or management to be appropriate. Rather than challenge that as illegal, it seems an employee would view that statement as something that serves to not limit and not restrict and to allow involvement in other things from time to time. I just recalled that we had a temp one time who arrived 10 minutes late, plopped down in the first chair seen and announced, "So, tell me exactly what it is you want me to do and tell me exactly when my breaks and lunch are." The temp service was of course on speed-dial!

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