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Hired under false pretense

Discussion in 'Employment, Labor, Work Issues' started by Robert Most, Jul 6, 2019.

  1. Robert Most

    Robert Most Law Topic Starter New Member

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    Jurisdiction:
    New York
    I work as a freelance production supervisor the commercial film Industry. I was asked if I was available to work as a production Supervisor for an Advertising Agency. I was hired at this Agency under the guise as a Production Supervisor. I found myself thrust into the Position of Agency Producer. A position I am not qualified for. When I questioned the person who hired me, I told me he understood my skill set but had no choice because no freelance Agency Producers where available.
    Can I take legal action.
     
  2. army judge

    army judge Super Moderator

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    Unless you have a written employment contract, a job title and it's related duties can be anything the employer requires an employee to do as long as the employer doesn't order you to break the law.

    Yes, you can take action.

    You can do as instructed, or find yourself a new employer.

    Good luck, make sure you choose wisely.
     
  3. cbg

    cbg Super Moderator

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    Do you have a contract that guarantees you the title and duties of a Production Supervisor? If so, show it to a local attorney to see what options you have. If you do not, then you're SOL.
     
  4. Tax Counsel

    Tax Counsel Well-Known Member

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    An employer may have you any duties it needs unless you have a contract for a specified period of time (e.g. one year, five years, etc) that says that during that time you will only perform the duties specified in that contract. The exception to that is that an employer cannot have you do a job for which the government requires a license that you do not have. The upside is that if you don't have that kind of contract locking you into the job for some period of time you are free to quit any time you like. So if you are uncomfortable doing this role you can look for another job and jump ship when you find it.
     
    hrforme likes this.

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