Can my employer force me to transfer to another position or quit even though I have never been written-up or done anything wrong?
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Can my employer force me to transfer to another position or quit even though I have never been written-up or done anything wrong?
It’s all political and they want me to move because the doctor I work for doesn’t like me since I was hired by a manager he didn’t like. I will still work for the same company, but since there are no positions in my dept open, they are making me find a job somewhere else in the hospital. The doctor is searching for a reason to fire me, including blaming his mistakes on me. It’s not fair, but is it illegal?
Asked on April 30, 2012 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It's probably not illegal. If you do not have an employment contract, your employer may transfer, demote, change duties, alter pay, suspend, or even terminate you at any time, for any reason--including a personal dislike. The behavior you describe would only be illegal if:
1) You had an employment contract, and it violates the contract.
2) It is not based on personal dislike as you write, but is instead motivated by discrimination against a specifically protected category, such as against your race, religion, sex, age over 40, or disability.
3) It is retaliation for having used a protected benefit (e.g. FMLA leave), brought a protected claim (e.g. for overtime or that you are suffering discrimination as above), or for bringing to light violations of the law or safety regulations.
Other than as above, your employer can do this, even if you are blameless.
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