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Employment Law/Layoffs and Job title change?


I currently work for an educational program we have two regions, county wide. In the 2 regions we have two Regional Home Base coordinators. We recently found out they will be laying both of us off and hiring a new Home Base coordinator. They will be paying less and doubling the duties/ supervision requirements for this position. The question I have is can they cut two people, post the “new” job same responsibilities times two and the only thing they change is “Regional Home Base Coordinator” to “Home Base Coordinator”? They will also be paying much less to one of the coordinators if they are hired back on in the “new” position.


Assuming you don't have an individual or union-bargained employment contract restricting the employer's rights to assign work and classify jobs as it sees fit, the employer has the legal right to do this.  If someone is willing and able to do the expanded scope of work for the pay offered, the employer will have saved costs without losing productivity.  It might not be the best HR practice, but it does not violate the law.

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Frank C. Magill


I can answer questions about any U.S. labor or employment law question. I cannot answer questions about non-US law. I am not a specialist in employee benefit law (ERISA and HIPAA) or Workers' Compensation law, but will do my best to point questioners toward good resources availabe online. Expertise includes, without limitation, EEO/Affirmative Action/Employment discrimination (Title VII, Age Discrimination in Employment Act, Americans With Disabilities Act, GINA, Fair Credit Reporting Act as applied to employment); Fair Labor Standards Act; Texas labor code; Family Medical Leave Act; employee compensation; discipline and dismissal; force reductions, severance pay programs and administration; collective bargaining, union representation, grievances and arbitration, National Labor Relations Act and National Labor Relations Board; employee handbooks; staffing; dispute resolution outside of traditional labor agreements; employee communications; employment policies and compliance programs; codes of ethics; employment or labor litigation.


30+ years experience as corporate counsel for a Fortune 100 telecom company, specializing in labor and employment law issues. In addition to providing day-to-day advice to my company's internal HR leadership and staff, I've represented the company in numerous labor arbitration cases and at the bargaining table.

Texas, Illinois and Missouri state bars

J.D. 1979, Harvard Law School. B.A., Summa Cum Laude, 1976, Illinois Wesleyan University.

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