Is it legal if my employer moved my job out of state, however I would not be allowed to move with my job unless my family moved with me?

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Is it legal if my employer moved my job out of state, however I would not be allowed to move with my job unless my family moved with me?

In other words, I could not take the job and rent an apartment while my family stayed where they are. Is this legal? My employer did offer to relocate them.

Asked on September 5, 2015 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Yes, as a general matter it would be legal, albeit extremely strange and rare. Assuming that you do not have a written employment contract if you do, the employer cannot violate the contract's terms, so review it to see if offers you any rights or protection in this case, your employer may put any terms or conditions on employment, including that for a relocation, you must move with your family.
The above said, your state Illinois prohits discrimination on the basis of marital status. Arguably, this requirement is marital status discrimination, since an unmarried employee would not have to worry about or contend with this issue. Therefore, it may be that this would be barred by your state's anti-employment discrimination law. Contact your state's equal/civil rights agency to see if they agree that this would be barred by Illinois anti-discrimination law.


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