Can my employer force me to transfer to another department and post a position for the same position within the department that I was forced to transfer out of?

Asked on September 3, 2015 under Employment Labor Law, Texas

Answers:

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

Answered 5 years ago | Contributor

In an "at will" employment relationship, an employer can set the terms and conditions of the workplace much as it sees fit. This includes who to transfer in or out of a department. The only protection is if the emplyee's treatment violates the terms of an employment contract, union agreement or company policy. Also, such treatment must not be the result of leaglly actionable retaliation or discrimination.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This is perfectly legal unless you had an employment contract guarantying your right to the position you'd had. Otherwise, employers have the right to transfer, reassign, change the duties and titles of, etc. employees at will, and/or to replace employee 1 with employee 2 in the same position. Your employer also could have, if you do not have an employment contract and most of us do not terminated you to make room for a new hire, had the employer chosen to.


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