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shortfatbalduglyman
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01 Apr 2025, 10:53 pm

How did your job change your job description?

What job did you get involuntarily reclassified to and why?



funeralxempire
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01 Apr 2025, 10:59 pm

Involuntary reclassification would amount to a constructive dismissal here.

Quote:
A constructive dismissal in Ontario is defined as follows: if an employer makes a substantial change to the terms of an employee’s employment without the employee’s consent or demonstrates an intention to no longer be bound by the terms of the employment contract the employee has the option of treating his or her employment as having been terminated. The departure of the employee will not be considered to be a resignation but, instead, will be a termination of employment.


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shortfatbalduglyman
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03 Apr 2025, 10:08 pm

if the doctor refuses to sign the 50# work accommodation form, or if home depot refuses to take the work accommodation, then home depot will see if it has a job that doesn't involve lifting fifty pounds, and if not, then constructive dismissal.

involuntary reclassification
constructive dismissal



nick007
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04 Apr 2025, 10:09 am

I've experienced involuntarily reclassified & 25 months later a constructive dismissal. BTW I wasn't familiar with the term for constructive dismissal so Thanx for posting that funeralxempire.

My second job was working at WalMart & I was originally hired to stock shelves. I guess I was expected to rapidly figure out where everything went on the shelves but it takes me time to learn & catch on. After an hour or so they had me toss trash & various random stuff for the rest of the night & also the next night. I was off the next 2 nights & when I got there after being off the supervisor of the floor-care department told me I was transferred to that. I had realized I was not a good fit to stock shelves but it kinda ticked me off that he was the one who got the responsibility for telling me instead of actual management. That complaint aside it was very good they actually hired me in the first place & were willing to try transferring me to a different department instead of just firing me. I was upfront about having a low vision disorder when I had my interview so perhaps that was some of their reasoning.

My supervisor & the department higher-ups took their time with me & I caught on after a bit partly because I was majorly trying. There were 15 people in the department when I started & as time went on the department got smaller because some people transferred to other departments or stores. I became a higher-up in the department partly because I stepped up & worked lots of over-time when allowed. A contract crew started helping us out specially with stripping & waxing the floors so my department was supposed to mostly focus on general cleaning. However the contract crew kept making mistakes that we had to correct. One night a manager ordered me to put some stuff back the contract crew had moved & told me to ignore everything else till it was done. The temporary acting head manager for the store had me specially paged to clean some stuff that was a safety concern but she did not make that page herself(it was not a manager who did) so I ignored it because I was still moving the other stuff back. As soon as I finished 15 minutes later the temp head chewed me out for not responding to the page without giving me a chance to explain. I quit right before clocking out for the night about an hour & half later. I was on SSI & living with my parents so it's not like I needed to work in order to scrape by. About a month later my supervisor had a confrontation with the her & she recommended he'd transfer to another department because he was very stressed & she'd let him chose which one, he chose unloader. Right after that the 4 remaining members of my department were dissolved into other departments(2 got officially transferred & 2 unofficially) & the contract crew took over fully for a while. I woulda had problems working in other departments so I feel I was forced out & that I subconsciously saw the writing on the wall when I was given the verbal warning. My mom was upset with me for quitting at first but quit complaining after finding out about my supervisor & few crew members left being transferred to other departments.


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blitzkrieg
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04 Apr 2025, 12:12 pm

Sorry to hear about your negative experience at that job, nick007. I feel as though a lot of disabled people and in particular autistic people, get treated badly by employers.



nick007
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04 Apr 2025, 3:56 pm

blitzkrieg wrote:
Sorry to hear about your negative experience at that job, nick007. I feel as though a lot of disabled people and in particular autistic people, get treated badly by employers.
Unfortunately I think your right about that :( It would probably help if there was a better support system to help disabled people like us find decent employers that are willing to give us a real chance.
Thanx for the support. Looking back I'm really glad I had that job because it was good for me in lots of ways but it's important to know when it's time to leave a job. I guess if things had gone slightly better I could have requested a transfer to another store. There was one in the opposite direction that's about the same distance away from my parents but I heard that a few months later that cr@ppy acting head manager was put in charge of the other store so it might be good I didn't. A bit of stockers had quit at my store partly because of her.


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cyberdora
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08 Apr 2025, 4:45 pm

In Australia involuntary reclassification laws only apply to a person has a diagnosed mental illness or disorder, and additionally there's a serious risk to themselves or others if they are not treated. Anyone caught in this situation can appeal to a state mental health tribunal.

this doesn't apply to Employers reclassifying a job. that would be illegal.



funeralxempire
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08 Apr 2025, 4:49 pm

cyberdora wrote:
In Australia these laws typically must require that a person has a diagnosed mental illness or disorder, and additionally there's a serious risk to themselves or others if they are not treated. Anyone caught in this situation can appeal to a state mental health tribunal. I think this is the same appeals court as people who appeal involuntary admission to a psychiatric hospital.


Did you read the OP? This is about involuntary reclassification (ie, being given what amounts to a new job at the same place with significantly different duties) in the context of a job.


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cyberdora
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08 Apr 2025, 4:57 pm

the terminology here must be different, we call that job reclassification. When you add the word "involuntary" it becomes a mental health term.

If you are a tenured staff, reclass cannot reduce pay.



nick007
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08 Apr 2025, 5:09 pm

cyberdora wrote:
the terminology here must be different, we call that job reclassification. When you add the word "involuntary" it becomes a mental health term.

If you are a tenured staff, reclass cannot reduce pay.
I think what your talking about would be called something like Involuntary Confinement or Involuntary Guardianship in the US. The word Involuntary is a mental health term when certain other words are added.


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MrsPeel
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11 Apr 2025, 8:59 pm

In the Australian public service, an employee can be involuntarily demoted to a lower classification, under certain circumstances:

From the Australian Public Services Act 1999:

Quote:
An Agency Head may reduce the classification of an APS
employee, without the employee’s consent, only in the following
circumstances:
(a) as a sanction under section 15;
(b) in the case of an SES employee—in accordance with
Commissioner’s Directions issued under subsection 11A(1);
(c) on the ground that the employee is excess to the requirements
of the Agency at the higher classification;
(d) on the ground that the employee lacks, or has lost, an
essential qualification for performing duties at the higher
classification;
(e) on the ground of non-performance, or unsatisfactory
performance, of duties at the higher classification;
(f) on the ground that the employee is unable to perform duties
at the higher classification because of physical or mental
incapacity;
(g) in other circumstances prescribed by the regulations.


In practice, it is not that hard to have someone involuntarily reclassified provided certain procedures are followed, and in government jobs it is actually harder to obtain redress over it because the Fair Work Commission only takes on non-government employers.

Employment protections are not as strong as you would think considering the amount of legislation in this area.



cyberdora
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11 Apr 2025, 11:51 pm

I'll try and address these:

MrsPeel wrote:
(c) on the ground that the employee is excess to the requirements
of the Agency at the higher classification;

So in HR language this often leads to a redeployment process where the employee is offered other opportunities within the organization or support to find alternative employment. In my experience redeployment needs to be at the same level.

MrsPeel wrote:
(d) on the ground that the employee lacks, or has lost, an
essential qualification for performing duties at the higher
classification;

Again not sure how this applies to real world? people don't lose qualification unless they are struck off a register or their qualification is found to be fraudulent.

MrsPeel wrote:
(e) on the ground of non-performance, or unsatisfactory
performance, of duties at the higher classification;

So in HR language this means being on performance review, or improvement plan. Dropping a classification only applies where the person is on probation at higher duties (usually secondment) and during the probation period the worker does not perform. Otherwise if it's a tenured position they are paid out.

MrsPeel wrote:
(f) on the ground that the employee is unable to perform duties
at the higher classification because of physical or mental
incapacity;

Again I have addressed this already. Its called involuntary redundancy or termination due to not being able to perform at a level deemed necessary to do the role. Either mental health or physical can be used as a pretext but again very rarely ends up in reclassification, mainly redeployment or payout. I have known two individuals who were constantly on sick leave due to mental health issues and one of them did this for 20 years. Management never had the leverage to remove them.



MrsPeel
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12 Apr 2025, 6:53 am

The point I was making is that it is not illegal, since job classification can be changed against the employee's wishes in a number of circumstances.



shortfatbalduglyman
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12 Apr 2025, 11:48 am

I am just so scared that Home Depot will have the nerve to make my worthless corpse redundant or Cashier

Cashiers have to get Credit and Recoveries

The head cashiers, for example, Angela d , micromanaging

Angela w micromanaging

Angry customers

Stand in one spot all day long

Touch dirty things

No authority to do anything

Can't go to the litterboxes

Video tape in your head

Loud music

Bob, Lana, Mitch,

Friendly fast accurate

Head cashier observations

Greet Engage Thank

Autism.
.


I am just so scared that home Depot will have the nerve to make my worthless corpse redundant or Cashier

Ever since my stupid lil boss, Angela w, had the nerve to bark at me in February and tell me that the head cashier couldn't find me in the parking lot and if it "happens again" the stupid lil girl will write me up. Every waking second, I have been even more edgy and upright than usual. Anxiety disorder. Heart attack.

Involuntary reclassification

Constructive dismissal

Made redundant

Rolls eyes



cyberdora
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12 Apr 2025, 5:34 pm

MrsPeel wrote:
The point I was making is that it is not illegal, since job classification can be changed against the employee's wishes in a number of circumstances.


Again I am not sure about workplace laws outside of Australia but within Australia it can be applied only under exceptional circumstances and very rarely ends up in reclass of an existing role for a permanent staff.

Australian law provides provisions largely to protect employers from being exploited. Small businesses in particular can rarely afford to maintain unproductive workers for long before going under. Larger businesses are little more ruthless and make use of HR departments to apply pressure on staff who are deemed not to be pulling their weight.

the governor general has the constitutional right to arbitrarily remove a sitting prime minister. But this has only been applied once in the last 100 years.

As somebody who has spent most of his life in short term contracts (fixed and casual) in government, university and the private sector from 1989-2025. I can comfortably say most of us are more anxious about holding our jobs rather than the idea of reclass.



MrsPeel
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Today, 3:43 am

I think the issue is that it is hard for an employer to fire someone who is doing their job well.
So if they decide they want to get rid of someone but they have no solid performance reason, they can cite a person's health issues to say that they are unable to do their current role. Then they shift them to a role that is supposedly better for them (but actually unsuitable), knowing that the person will either underperform or resign and can be got rid of.
It's a way of managing someone out.
You can't rely on legal protections if the managers know how to play the system, honestly.