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?

UPDATED: Sep 29, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.

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.

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