Can My Employer Change My Job Duties Without My Consent?

March 11, 2025

In many workplaces, employees are hired with a clear job title and set of responsibilities. However, over time, an employer may decide to modify an employee’s job duties, sometimes significantly. Whether these changes involve additional responsibilities, a shift in focus, or even a complete departure from the original role, employees often wonder if their employer has the legal right to make such changes without consent.

In California, at-will employment laws generally allow employers to modify job duties at their discretion, but there are limits. Employees may have legal protections in cases where changes result in lower pay, discrimination, retaliation, or a breach of contract. Understanding your rights can help you determine whether your employer’s actions are lawful or if you have grounds to challenge them.

At-Will Employment and Job Duty Changes

California is an at-will employment state, meaning employers have the right to make changes to employment terms—including job duties—without employee consent. At-will employees can also be terminated at any time, with or without cause, as long as the reason is not illegal.

However, at-will employment does not give employers unlimited power to modify job roles in a way that violates employee rights. If a change is discriminatory, retaliatory, or contradicts an existing employment contract, it may be unlawful.

When Job Duty Changes May Be Illegal

One situation where job duty changes may violate the law is if they are based on discrimination. Employers cannot assign less favorable duties or reduce job responsibilities based on protected characteristics such as race, gender, age, disability, pregnancy, national origin, or religion. For example, if an employer suddenly assigns an older worker to less desirable tasks in an attempt to push them out of the company, it could be a form of age discrimination.

Retaliation is another unlawful reason for modifying an employee’s duties. If an employee reports workplace violations, files a harassment complaint, or takes protected leave, an employer cannot retaliate by significantly altering their job role in a negative way. Retaliation can include reducing job duties to force an employee to quit, moving them to an undesirable shift, or increasing workload unfairly.

Pay Reductions and Job Duty Changes

While employers in California can generally adjust job duties, reducing an employee’s pay along with those changes may violate wage and hour laws. Employers must notify employees in writing before decreasing wages, and the new rate cannot fall below minimum wage. Additionally, if an employee’s new duties qualify them for overtime pay when their previous role was exempt, the employer must comply with wage and hour laws accordingly.

A significant reduction in job duties could also be considered constructive termination if it effectively forces an employee to resign. If a worker’s role is downgraded to the point where it is no longer comparable to their original job, they may be able to argue that the employer intentionally created intolerable working conditions to push them out.

What to Do If Your Employer Changes Your Job Duties Unfairly

If your job duties are changed significantly and you believe the changes are unfair or unlawful, the first step is to review any employment agreements, job descriptions, or company policies that define your role. If you have an employment contract, see whether the changes violate its terms.

Document any conversations or written communications regarding the job modifications, including emails, performance reviews, or company memos. If the changes result in a pay reduction, additional workload, or other unfair treatment, keeping a record can support any future claims.

Raising concerns with HR or management may lead to a resolution, especially if the changes appear unfair or unclear. Some job modifications may be negotiable, and discussing concerns directly with the employer could result in better terms. If an employer refuses to acknowledge concerns and the changes are discriminatory, retaliatory, or violate an employment agreement, seeking legal counsel may be necessary.

How an Employment Attorney Can Help

While many job duty changes are legal, some modifications may cross the line into unlawful conduct. An employment attorney can assess whether an employer’s actions violate discrimination laws, retaliation protections, or contract terms, and can help employees recover lost wages, benefits, or damages.