Job descriptions (JDs) are foundational to HR and relevant to every employee in an organization. But as we've all experienced, jobs can change, sometimes significantly. The shift to remote work, advancements in AI, and calls for more equitable and diverse workplaces have made reviewing job descriptions more critical and urgent than ever.
But if a job description changes, should this trigger a review with the employee? Do they need to agree and sign off every time the JD changes?
Most of us are familiar with having employees sign off on their job descriptions when hired and during annual reviews. But what happens if the job description changes in between? Can the JD change without an agreement?
In most cases, the answer is yes. However, it's not best practice because it erodes trust between the employee and employer. To mitigate surprises, it's common to see language such as "additional duties as assigned" in job descriptions. But this isn't ideal either, as it makes it unclear which functions are essential and which are additional. The best practice is to review job descriptions periodically and focus on what dictates success at that point in time. Given the potential implications for all parties involved, any significant shifts in job descriptions should always be discussed with the employee in advance.
At-will employees are those not bound by a union agreement or an employment contract. Many states have their own versions of this rule, but the scope is generally consistent.
Any at-will employee can be subject to job changes without notice. Without the employee’s consent, the employer may change the requirements, duties, schedule, pay, title, or job location. They can also terminate the employee at will, as long as it’s not for an illegal reason (such as discrimination, retaliation, or anything covered by FLSA, ADA, and other compliance frameworks).
It doesn’t seem fair, does it?
Imagine an employee hired to perform a nine-to-five administrative role in a hospital. Suddenly, the company is short-staffed in the medical billing department, and now the admin job description must be changed to redistribute the workload. The employee must now learn new skills and accept working night shifts or weekends to keep their job.
In this scenario, the scope of the job—and what they initially agreed to—has changed substantially. The new schedule may disrupt the person’s personal life and other responsibilities. Without accommodations, the job may no longer be viable for the individual. Worse, their attitude towards the employer will have changed dramatically, causing them to disengage and eventually leave.
To illustrate the impact of job description changes on morale and stress, consider the findings of Kim Nagel, Jamie Gender, and Ann Bonner. They reported that changes in nurse responsibilities increased stress for 81% of respondents due to the increased workload and for 43% due to role changes. These results confirm that when job responsibilities change over time, stress increases for employees. And what does burnout do to employees? It can lead to disengagement, lost productivity, reduced morale, or even the employee vacating the position.
The bottom line is if the worker wants to keep their job, they may be obliged to obtain new certifications, learn new skills, and accept the schedule change. They are also within their rights to quit.
Obviously, this scenario is not ideal for anyone. However, the fallout could be avoided through transparency. Letting the employees know about the upcoming changes, giving them time to prepare, or providing alternatives would be more in line with best practices leading up to the job description change. Nobody likes to be blindsided.
Maintaining accurate and up-to-date job descriptions is critical, as any misalignment or oversight can have significant legal implications.
If any changes cause the company to fall out of compliance with laws like FLSA, ADA, Equal Pay, EEO, and anything that requires specific certifications, as in some healthcare scenarios or Joint Commission accreditation, the company may increase its risk of fines, sanctions, or litigation.
For example, perhaps work hours or locations change in a way that limits the employee from taking guaranteed leave under the Family and Medical Leave Act (FMLA). Or a whistleblower may have legal recourse if their job was changed after reporting a legal violation by their employer. Or lifting requirements change after the person was hired and they can no longer perform the essential functions of the job.
For these reasons and more, it is essential to document everything. One of the best resources is a job description with a log indicating who, when, and what changes occurred, and better yet, an employee’s signature agreeing to the changes.
Contracted and union jobs would also face legal ramifications as employment is based on a collective bargaining agreement. Any job description changes could violate that agreement, resulting in the union filing a grievance against the employer or even calling a strike if it affects multiple workers.
Some collective agreements allow for temporary or permanent job modifications as long as the employee consents. In this case, failure to have the employee sign off on the changes would put the company at a disadvantage. When job changes are significant, the company may need to negotiate with the union directly. Seniority is often a factor in unionized jobs, so changes must be processed carefully to avoid a grievance scenario.
In situations where an employment contract exists, the agreement would be invalidated and may be subject to legal action from the employee for breach of contract. The agreement must be renegotiated if the job description, title, or duties change for any reason, even temporarily.
Companies may have any number of reasons for changing a job description. Unfortunately, not all are legal or ethical, but most have reasoning behind them.
Job descriptions could change after a mass layoff, for example, when employees must take on extra duties to fill the gaps. If there were financial reasons for the layoffs, the remaining workers may have to agree to increase their workload without a pay increase, while some may be forced to take a pay cut.
In any case, lack of transparency can negatively impact morale, causing employees to disengage. Workers may feel unappreciated or that their company doesn’t care about their well-being. They may feel they are being punished, eroding confidence and, ultimately, impeding the company as they try to move through the crisis.
If you want to be on the right side of job description changes, here are a few best practices to mitigate friction and keep morale high:
In closing, yes—job descriptions can be changed without an agreement. But should they? Consider the scope of work, how the changes will affect your people, and whether they will put you in a legally vulnerable position.