Is it legal for my employer to offer me a new position that is not equal or better than my present position?
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Is it legal for my employer to offer me a new position that is not equal or better than my present position?
Is it legal for it to offer me 2 options of different job locations due to losing the maintenance and management contract within an association that is drastically different then what I am presently in position and title and wage and benefits. But the association has a underlining contract with my employer/management company that states I cannot work or be offered a position to stay at present location. If they cannot offer me that my present employer equal or better job position, do I have a legal right to have that underlining contract void so I can take a job that already fits from me and my family. Do I have a labor law issue?
Asked on February 10, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
1) Your employer can offer you any jobs or positions it likes, at any location, and at any title, salary, etc. level it wants (even substantially lower than what you currently) have, unless you have a written employment contract guarantying you a certain job, level, wage, etc. In the absence of a written employment contract, your employment is "employment at will" and your employer can make any changes in your employment it wants regardless of what you think or want--up to and including simply terminating you.
2) That underlying contract is not voidable by you. You are not a party to it--it is between the association and the employer/management company--so even if it affects you in some way, you have no right to terminate or void it. Only a party to the contract can do so (and only if the proper legal grounds to do so exist).
You seem to be assuming that your employer needs to take employee needs or desires into account in some way, but that is not the case.
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