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Can your boss block you from accepting a new position with

 
JB Umphrey's Avatar
  • Answered by:JB Umphrey
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Customer Question

Can your boss block you from accepting a new position with in the same company, different department ? The position was already offered to me and I have accepted it. My current boss is preventing me from transferring and bettering myself. They claim they need me for an upcoming project. I offerd to work extra hours and weekends to get them through it and they refused. What are my rights???????? Please advise.

 

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State/Country relating to question: New York

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Submitted: 343 days and 11 hours ago.
Category: Employment Law
Value: $68
Status: CLOSED
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Expert:  JB Umphrey replied 343 days and 11 hours ago.

Hi and thank you for using JustAnswer!

I am sorry to learn of these circumstances. Please clarify: do you have an HR department?

Customer replied 343 days and 11 hours ago.

Yes I have not contatcted them as of yet.They are located in another state so the only way is via phone. I was waiting for my current boss and the new boss to finish their meeting about the situation.

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Expert:  JB Umphrey replied 343 days and 11 hours ago.

Thank you. What is your understanding of what it means to be an at-will employee in New York?

Customer replied 343 days and 11 hours ago.

I'm sorry i do not know what that means ???????? Pleas explain.

Accepted Answer

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Expert:  JB Umphrey replied 343 days and 11 hours ago.

It means that you work at the will of the employer. The employer has complete discretion as to what your job duties will be. The employer can decide if you will get your requested Transfer or Promotion. Yes, an employer can keep you in your current assignment.

It may seem to be unfair or unjust; but that's that nature of at-will employment.

You can certainly take your concerns to HR to see if they can be resolved that way. Or, you can choose to work for a different company.

However, to answer your question, yes, your boss can say that s/he doesn't want you to move to a different department.

It has been my pleasure to assist you today with your information needs. It is my goal that you are satisfied. No expert can promise you an answer that is favorable to your circumstances. But I will do my very best to explain the legal principles that are related to the facts you’ve described so that you can better understand the “why” of things.

Please let me know if there is anything else I can provide to give you excellent service!"

Expert TypeLawyer
Category: Employment Law
Pos. Feedback: 96.6 %
Accepts: 6263
Answered: 5/10/2012

Experience: Assisting employees and employers for over 14 years.

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