What are my rights if I live and work in 1 state but my manager has threatened to have me work in another within his office, almost 2 hours away, in order to “whip me back into shape”?

UPDATED: Sep 29, 2022

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What are my rights if I live and work in 1 state but my manager has threatened to have me work in another within his office, almost 2 hours away, in order to “whip me back into shape”?

I feel as if this is a plot to get me to quit because this is an unreasonable request.is the request within the legal limits of the law?

Asked on August 11, 2015 under Employment Labor Law, Connecticut


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

How long is your commute at present? If the new commute is substantially longer than your old commute, it may that you would be considered to be "constructively discharged"--or effectively fired due to your work conditions becoming intolerable. However, there is no hard-and-fast rule for when far is "too far"; much depends on the  situation (e.g. a more highly compensated employee can be reasonably required to commute further for his/her good pay than a minimum or just-over-minimum wage worker; 2 hours is unreasonably further than a previous 10 minute commute, but is not unreasonably further if you previously commuted an hour-and-a-half; etc.). You are advised to consult in person with an employment law attorney, to see if this would constitute constructive termination.

Now, the thing to remember is, even if it is constructive termination, it is legal, unless you had a written employment contract to the contrary: after all, if you don't have a contract, your employer could simply terminate you if they want, so they could do anything up to termination, including moving you and unreasonable distance away. However, if the change in conditions is so bad as to qualify as constructive termination, you'd be able to quit and still collect unemployment compensation, whereas if this is not constructive termination, even if it's so bad that you choose to quit, you would not receive unemployment compensation. Therefore, your ability to quit and receive unemployment is at stake; but there is no doubt that, whether you could get unemployment or not, your employer could transfer you this far if the employer wanted.

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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