Can an employer give you the option to work over 100 miles away or no job with only24 hours notice?

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Can an employer give you the option to work over 100 miles away or no job with only24 hours notice?

Asked on February 29, 2012 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer is yes and no.

Yes in the sense that they can do this--the law does not prevent an employer from transferring an employee, or giving the a "transfer or no job" option.

No in the sense that if you refuse the transfer, it would very likely be considered a "constructive termination,' not a voluntary separation from work, which would render you eligible for unemployment compensation--when an employer transfers an employee so far away that he or she can't reasonably get to work, that is the equivalent of terminating him or her, not for cause. So they can do this, but there is a very good chance that you will at least be eligible for unemployment compesation.

Note that if you have an employment compensation, you need to check its terms to see what rights you have in this situation.


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