What are my options if I’ve been working remotely for a company for 7 years bit it is now under new
management and my manager says that I’m required to work onsite?
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What are my options if I’ve been working remotely for a company for 7 years bit it is now under new
management and my manager says that I’m required to work onsite?
My contract states that I am a remote employee.
Asked on May 16, 2017 under Employment Labor Law, Florida
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you have an employment contract or union agreement to the contrary, you can be made to change from remote to on-site work. The fact is that most work relationships are "at will", this means that a company can set the conditions of employment much as it sees fit (absent some form of legally actionable discrimination). For your part, you can either comply with this new mandate, compalin but risk terimination, or quit.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
IF the contract to which you refer is a written employment *for a definite term* (e.g. a one-year, two-year, five-year, etc.) contract whose term or period has not expired--that is, which is still in effect--they cannot legally violate its terms: if they do, you could sue them for breach of contract for monetary compensation and/or for a court order compelling them to honor the contract.
But otherwise, if you don't have a written employment contract for a definite term which term is still in effect, the employer may change you from remote to onsite employee at will. A contract or agreement which is not for a definite term does not restrict the employer's otherwise innate power or discretion under U.S. employment law to terminate, suspend, change duties or title, promote, demote, change work location of, etc. an employee. So without the kind of contract described above, they can do this; but if you have that type of contract, as stated, you could sue for breach of contract if the violate it.
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