Legal Question in Employment Law in North Carolina

I am a 66 year old bookkeeper for a nonprofit organization. my boss told me today that i was to go outside and pull weeds. i told him with my age and health, i could not do that. he said i was part of the staff and he wanted me outside. my health will not allow me to do this type work. what are my options when he confronts me about not doing this.


Asked on 8/31/11, 7:20 am

1 Answer from Attorneys

Betty Tsamis Tsamis Law Firm PC

If your job title is, bookkeeper, this seems completely outside the scope of your job. The problem is that an employer can request employees to take on additional duties. However, going from a sedentary job to a physically demanding one creates many issues, one of which is a heightened risk of injury to you, especially if you have not been given proper training in "weed pulling"/landscaping. If you are pulling weeds and injure yourself, and cannot work, you may be entitled to worker's comepnsation wage replacement. Additionally, if these types of additional job dutiies become part of your regular job, you could be entitled to quit and might qualify for unemployment (in some limited circumstances). I would approach your employer and ask that he put the request in writing. You should then object in writing and ask if your job is at risk if you cannot/do not want to "do landscaping." You should also consider having your doctor ask that you be excused from such duties if your health condition is such that your health would be at risk doing this type of work.

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Answered on 8/31/11, 7:35 am


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