Can an employer change job qualifications after an incumbent has been in the position for 6 years?

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Can an employer change job qualifications after an incumbent has been in the position for 6 years?

I was recently terminated from my job because the organization has determined that a different skill set than what I possess is needed. I have not been offered or afforded any training to secure these skills. I am less than 3 years away from retirement. Could this possibly be grounds for wrongful termination or an age discrimination complaint?

Asked on April 23, 2012 under Employment Labor Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

As a general matter, if you do not have an employment contract defining or specifying your job duties, your employer is free to change requirements or necessary skill sets at any time, and to terminate employees who do not have the necessary skills.

The law does prohibit discriminating against employees over 40 on the basis of age. This does not mean that a 40+ year old employee cannot be fired--only that he/she cannot be fired because he or she is 40+. If there is some legitimate business reason for the change you describe--for example, your industry, market, technology, or customer requirements have changed--then it is most likely legal. But if there is no valid valid business reason for the change and you are over 40, this may be illegal discrimination--an effort to eliminate you due to your age--and you should speak with an employment law attorney to explore if you have a cause of action.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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