What to do if my wife asked her employer if she could work remotely in order to move out of state with me and it initially agreed but now told her that she must resign?
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What to do if my wife asked her employer if she could work remotely in order to move out of state with me and it initially agreed but now told her that she must resign?
They told her that she could work remotely but about 5 days later they told her that she must resign in 8 weeks when she begins using remote assistance. So they are forcing her to quit. So can they force her to quit because she asked to work remotely and they agreed? Also, would she be able to receive unemployment benefits? I told her not to sign anything and to just come out here with me. They let her work remotely before but now it is a problem. Is there anything we can do? Do we need a lawyer? She worked for this company for 3 years now. I am moving due to a job relocation.
Asked on July 27, 2015 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
If your wife does not have a written employment contract which has terms applying to this situation, she could be fired at any time, for any reason--including that the employer does not wish to let her work remotely. The employer is also allowed to change its mind about her job, her duties, her location, etc.--that is, having agreed initially to let her work remotely does not prevent them from saying "no" 5 days later. This is all part of being an "employee at will" (no written contract): it literally means whether, how, where, etc. she work is at the "will," or discretion of, the employer.
It does appear that your state will let your wife be eligible for unemployment compensation if she loses her job due to your relocation, but you don't know for certain if you'll get it until you apply. I urge your wife to apply for unemployment if/when she loses her job.
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