By Anam Ahmed Updated June 15, 2020
Your job can be stressful if you find yourself at odds with your manager. While many employees may disagree with their managers regarding their responsibilities, it’s important to be aware of both your and your employer’s rights. This way, you can effectively navigate any tense situations.
Understand Your Employer’s Rights
When you’re hired for a position, you are given a specific job description that outlines the scope of your role. This means that as an employee, you are responsible for completing those tasks as part of your job. These tasks can also be changed by your manager, and they can add on additional responsibilities if needed.
As a result, your manager can ask you to do any task that is within the scope of your role, even if you don’t feel like doing it. For example, if part of your job as a store associate is to sweep the floors after closing, then it’s a task you must complete even if you don’t want to.
If you refuse to complete any tasks that fall within the scope of your job description, then your manager is likely within their rights to terminate your position. While your manager cannot fire you without just cause, they do need to have a specific reason for your termination. According to The Hartford Business Owner’s Playbook, these include:
- Incompetence, such as when an employee has poor performance or productivity
- Insubordination, such as when an employee purposefully breaks company rules
- Attendance, when an employee is always late or misses their shifts without warning
- Theft or any other criminal behavior
- Discriminatory behavior
- Physical violence against employees, customers or managers
If you refuse to complete tasks that fall within the scope of your job, your manager may see this as an incompetence or insubordination issue that directly affects the success of their business. In this scenario, the employer would be within their rights for threatening an employee with termination.
Know Your Rights as an Employee
If what your manager is asking you to do is not within the scope of your job – or it's considered unethical or illegal – that presents another set of issues. In this case, it’s vital to be aware of your rights as an employee so you can enforce them with your manager. According to USA.gov, workers have a number of important rights, which include:
- Receiving the proper training for your job in a language you understand
- Having the proper safety equipment, and being able to voice any concerns about unsafe working conditions
- Being paid a fair wage for your work
- Not being harassed or discriminated against
Workers also cannot be fired for any illegal reason. If you fear that your manager has fired you for an illegal reason, or is threatening to fire you for an illegal reason, it’s important to consult the U.S. Equal Employment Opportunity Commission. This is an important worker’s right to be aware of when you’re dealing with an employer threat of termination.
Be Aware of Illegal Reasons to Fire Someone
Many employees in the United States are employed at will. This means that your employer has the right to fire you for any reason at any time, as long as that reason is not illegal, according to NOLO. Illegal reasons for firing an employee include:
- Discrimination against any employee based on federal anti-discrimination laws
- Retaliation for asserting rights under discrimination laws
- Complaining about health and safety reasons
- Violating a public policy
If your employer is asking you to complete a task that is unethical or illegal, it may fall under violating a public policy. As a result, this would mean that it is illegal for your employer to fire you for refusing to do that task. Be sure to discuss this issue with Human Resources or another leader within the organization you can trust, or speak with a worker’s rights attorney to understand your next steps.
FAQs
Your employer cannot fire you, threaten to fire you, harass you, put you at a lower-ranked position, suspend you, or punish you in any way for asking for time off, for taking time off, or for asking for reasonable accommodations. Also, the law requires your employer to keep your crime or abuse situation confidential.
Can a manager force you to do something? ›
Understand Your Employer's Rights
As a result, your manager can ask you to do any task that is within the scope of your role, even if you don't feel like doing it. For example, if part of your job as a store associate is to sweep the floors after closing, then it's a task you must complete even if you don't want to.
What are illegal things the employer cannot do? ›
An employer may not base hiring decisions on stereotypes and assumptions about a person's race, color, religion, sex (including gender identity, sexual orientation, and pregnancy), national origin, age (40 or older), disability or genetic information.
Can I refuse to do something at work? ›
You may have a perfectly logical reason for refusing a work task and you should properly explain it to your supervisor. It's best to do so by stating the facts and letting the supervisor realize by themselves that the request they made is not feasible now.
What to do if your boss threatens to fire you? ›
If you believe that your employer has made a threat to dismiss you, you should seek legal advice promptly, before such threats become a reality.
How to respond when your boss threatens to fire you? ›
If you think they are going too far with their threats of termination, then you may be able to put them in their place by calmly requesting a meeting to discuss their concerns. Let them know that if these issues cannot be resolved amicably, you will have no choice but to explore other employment options.
Can you be forced to do something not in your job description? ›
In most cases, a job description – unlike a contract of employment – is not a legally binding document. You can be asked to take on other duties, if these are reasonable.
Can I sue my employer for making me do something illegal? ›
If the employee is fired only for refusing to do something illegal requested by his employer, the employee can sue the employer for wrongful discharge. This exception encourages employees to follow the law and discourages employers from asking their employees to do illegal acts and from firing them when they refuse.
Can you sue your employer for targeting you? ›
California's Fair Employment and Housing Act prohibits harassment in the workplace, be it sexual harassment or non-sexual harassment. You may be able to sue your employer for substantial monetary damages to cover lost wages and pain and suffering.
What are things you can't get fired for? ›
Several federal and state laws make it illegal to discriminate against and terminate an employee based on a protected category, such as race, religion, color, sex, gender, national origin, age or disability.
In California, wrongful termination refers to the unlawful dismissal of an employee by their employer. It occurs when an employer fires a worker for reasons that violate state or federal laws. Common unlawful reasons include discrimination based on factors such as age, disability, or pregnancy.
Can you sue your boss for talking bad about you? ›
Generally speaking, employees can sue their employer for defamatory statements in California. If you have suffered harm because of defamatory statements made by your employer, please contact one of our experienced California employment lawyers at Hennig Ruiz for a free consultation today.
Can you be fired for refusing a task? ›
An employee may have the right to refuse to perform a task, and the employer cannot fire the employee for that refusal (the refusal to work) under certain circ*mstances that violate OSHA rights.
What are unreasonable tasks at work? ›
Unreasonable requests are those demands from your boss that seem beyond the scope of your job description or are simply impractical. They might involve tight deadlines, excessive workloads, or tasks that don't align with your expertise.
What not to say as a supervisor? ›
Things Your Boss Should Never Say to You
- “I'm your boss, you listen to what I say.” ...
- “That's a terrible idea.” ...
- “This is always how we do things.” ...
- “Why do you need time off or a vacation?” ...
- “You aren't paid to share your opinions about [project, task].” ...
- “Just figure it out on your own.” ...
- “I'm disappointed in you.”
In that case, you may be able to sue your manager personally if they fire you. However, for this to work, you must be able to prove that you were fired because you participated in protected activities in the workplace.
Can I sue an abusive boss? ›
Yes. California law protects workers from unsafe, hostile, or toxic work environments. As such, if your employer is creating a toxic work environment, you can sue them. Not surprisingly, toxic work environments are among the leading causes of job dissatisfaction in California.
Is threatening a coworker grounds for termination? ›
HR professionals should act on threats of violence, as such threats may be an employer's only warning that workplace violence is actually being contemplated. Most HR professionals understand that the mere threat of violence should be met with swift discipline and possibly termination.
What is the legal definition of hostile work environment? ›
In the California workplace, a hostile work environment is defined as offensive or discriminatory behavior that prevents you from comfortably carrying out your job duties. Some common examples include sexual harassment, bullying, threats, physical altercations, or racial slurs.
