Can an employer force an employee with medical restrictions to relocate?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an employer force an employee with medical restrictions to relocate?

I have been advised by my employer that I must relocate across the country. I own my home and am a virtual employee. About 9 years ago, I suffered from acute heart failure and require ongoing doctors care. If I do not relocate, I will be forced off payroll. As I am upside down in my mortgage, I cannot possibly sell my home without taking a major hit to my credit rating. More importantly, moving across the country away from my family and doctors could prove detrimental to my health. Is this a valid reason to file a lawsuit against the company?

Asked on January 16, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

On what grounds would you file a lawsuit? Employers may run their businesses for their own benefit, not their employee's beneift.

If you have a contract which guarantees your location, etc. of work, that is enforceabe, and you could, if necessary sue on that basis. In this case, you might have a viable lawsuit.

However, if you don't have a contract guarantying location, etc., your employer is free to reassign you to a different location. Your employer is not required to take your financial or medical needs into consideration in doing so...the employer is not obligated to you, except and only as there is a contract. Therefore, there is no liability against the employer for this, since they have a right to do this.

You may however, be eligible for unemployment compensation at least, since being reloacted to a distant location can constitute "constructive termination," or being effectively fired.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption