Can I be transferred to another department without my consent?

I got a call at 8 pm from my supervisor telling me that my department manager wants me to go to another department from 6-6 for 2 days. My department is short people and I know more then the lady who came after me. Even my supervisor agreed with me.. the other lady is from that other dept. And knows alot more then me. I feel that that lady has something to do with it because I reported her to my supervisor about being on her cell and talking more then working. She has family who works there and they know the management. What can I do since I feel that management and HR won’t help me, plus I get headaches in that other department; I worked there for about 3-4 days and got bad headaches and felt sick from

the loud noise and smell. I didn’t say anything that time because I was moving to this department, so I didn’t want to get fired or something else.

Asked on May 19, 2016 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Unless you have a written employment contract which specifies the department you work for or which gives you a right to "veto" any transfers, then they can do this--and their motive for doing so (i.e. if it's because the other employee has family who works there) is irrelevant. When there is no contract to the contrary, the employer has complete discretion over what jobs, departments, etc. an employee works at, and the employee has no say in the matter whatsoever.

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