If my employer is trying to force me to go to another site owned by it, is there anything that can do without losing my job?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my employer is trying to force me to go to another site owned by it, is there anything that can do without losing my job?

I work at a hospital and we have been being severely downstaffed. I have now been told that I am going to be sent to another hospital at my employer’s whim. So, even though they have no obligation to pay me for 40 hours and I can be downstaffed at any time, I am required to hold myself available for when they decide to bring me in. Is there any legal way I can resist being sent to a site I was not originally hired for without losing my job? As background, I have child care issues due to my husband working more when I am told I won’t be working.

Asked on September 13, 2011 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

IF the other site is so far that it is not reasonable for you to commute to it (e.g. your original commute was 20 minutes; for the new site, it would be 3 hours each way), then you might be able to quit your job and collect unemployment. That, unfortunately, is very likely the best you can do--unless you have an employment contract to the contrary--since employers have essentially complete discretion as to job terms and conditions, including location. It doesn't matter, unfortunately, where you were hired for; it also does not matter about your child care issues, since regardless of whether we, as a society, *should* take this into account, the fact is, at present, employers are not required to consider an employee's child care needs. So apart from possibly being able to collect unemployment in some situations, if it is effectively impossible to commute to the new site, you likely do not have any recourse.


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