Can my employer force me to transfer to another position or quit even though I have never been written-up or done anything wrong?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 9 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.


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