can an employee seek an interlocutory injunction against his employer?

If an employee feels that his employer is unreasonably requiring him to do work which is not part of his contractual obligations, can he seek an interlocutory injunction against his employer to maintain the status quo at work?

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  • 1 decade ago
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    "Can an employee seek an interlocutory injunction against his employer? If an employee feels that his employer is unreasonably requiring him to do work which is not part of his contractual obligations, can he seek an interlocutory injunction against his employer to maintain the status quo at work?"

    The quick answer to your question is "Yes, you can seek just about anything before a court of competent jurisdiction."

    The real question would be is it actionable? And, assuming you have an actual contract (not a "job description") then you could file for breech of contract or injunctive relief for non-performance, etc. if the provisions of the contract allow AND if you have actually suffered some damages for which you are entitled relief. That said, most employment contracts provide some specificity on the issue.

    Check your contract. And realize that employment relationships generally necessitate some form of consistent give and take. What is very unlikely is that a court would issue an order to your employer about how to conduct that relationship pending some final adjudication over the damages you claim. If it isn't what you signed up for, terminate the relationship and take whatever liquidated damages (or "Golden parachute" or the like) are provided for in your employment contract.

    [This is not legal advice. You should consult a licensed attorney-at-law for legal advice or representation before making decisions that may affect your legal rights.]

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