Is it legal if my boss called me and told me I had to transfer an hour away or get laid off, and that I had to make the decision right then?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal if my boss called me and told me I had to transfer an hour away or get laid off, and that I had to make the decision right then?
I feel bullied into a decision considering it was a take it or leave it situation. I just need to know if they were within their rights and if my rights have been violated?
Asked on August 3, 2010 under Employment Labor Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
There is, unfortunately, no right to not be bullied or put on the spot at work, or to not have to make a snap decision, unless--
* The employee has a contract to the contrary
* The employer is discriminating against the employee on the basis of a legally protected characteristic, such as race, religion, sex, age over 40, or disability
If one of those situations doesn't apply, you're an employee at will, and a company can tell an employee to accept a transfer on the spot or be terminated.
Note that it *may* be the case where you could resign and still get unemployment, on the grounds you were "constructively terminated" by being transferred to far. Had it been 3 hours away, it would be very likely; 1 hour away, it's not clear, but it may be worthwhile contacting the unemployment office and posing the question, or consulting with an employment attorney.
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.