Is it legal to terminate someone if they were placed in a position they were not hired for?

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Is it legal to terminate someone if they were placed in a position they were not hired for?

My position was eliminated and I was placed in a new role but am unable to travel for the position due to personal circumstances. Is it legal to terminate if nothing was signed stating I would be able to meet the requirements?

Asked on November 5, 2015 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It probably is legal. The fact is that in an "at will" employment relationship (and most are), an employer can set the terms and conditions of employment much as it sees fit or deems necessary.
The above holds true so long as an employee's treatment does not violate the terms of a union agreement, employment contract or company policy; it must also not constitute some form of legally actionable discrimination or retaliation.


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