Is it legal to terminate someone if they were placed in a position they were not hired for?

UPDATED: Sep 29, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 29, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal to terminate someone if they were placed in a position they were not hired for?

My position was eliminated and I was placed in a new role but am unable to travel for the position due to personal circumstances. Is it legal to terminate if nothing was signed stating I would be able to meet the requirements?

Asked on November 5, 2015 under Employment Labor Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

It probably is legal. The fact is that in an "at will" employment relationship (and most are), an employer can set the terms and conditions of employment much as it sees fit or deems necessary.
The above holds true so long as an employee's treatment does not violate the terms of a union agreement, employment contract or company policy; it must also not constitute some form of legally actionable discrimination or retaliation.

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 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 lock Secured with SHA-256 Encryption