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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16006
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I live in upstate NY and work for a Physical - Occupational

Resolved Question:

I live in upstate NY and work for a Physical - Occupational health care group. My employer has multi contracts in the local area and distant areas. My employer feels I not working out where I been at for 7+ years and thinking of sending me to another location 89 miles away. This would result in almost 175 mile round trip daily if I have to travel there. What can I do? Can I not travel and leave my job at the same time get unemployment?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

The employer seems to be trying to force you to quit,

wallstreetfighter :

before you do this, you should send him a letter stating that you are willing to work at the current location or a location near to your home,

wallstreetfighter :

if he refuses, you could quit and apply for unemployment benefits, and claim you had good cause to quit due to the commuting distance,

wallstreetfighter :

You should first make sure you did everything to advise the employer you could work at a local area, and the employer refused to allow this,

wallstreetfighter :

and that the new location commute would take almost 2 hours each way, which is a significant change in circumstances.

wallstreetfighter :

If your current commute is one hour now, an extra hour may not be enough however, if your current commute is 30 minutes and the new location adds another hour and half, or more you have a good cause argument.

wallstreetfighter :

Claimant, transferred to a new location requiring two hours travel each way, who tried working under the new conditions for one and one-half months but found them too difficult, quit with good cause since employment under the changed conditions was not for substantial period of time so as to be deemed accepted permanently. (A.B. 109,386; A-750-1609) (Matter of Sellers, 13 A.D. 2d 204; A-750-1550, not applicable)


wallstreetfighter :

You would also advise the hearing officer you would not be compensated for the extra expenses

Customer:

So what your saying is if I have to add only one more hour to my commute one way may not be enough to leave (this would make my daily commute 3 hours a day) but if it added a an one and a half hour commute (making it a two hours one way) tat might be enough?

wallstreetfighter :

If your commute now takes 2 hours, and the extra change is another hour, you have a decent argument to make, if your commute is one hour now and this adds another hour and half, you have a much stronger case,

wallstreetfighter :

Typically an hour and half commute or more is considered unreasonable, but they may argue you have been doing this for some time now already.,

wallstreetfighter :

so you have to show the change is unreasonable

wallstreetfighter :

and a significant change,

wallstreetfighter :

it seems you can argue with traffic and gas, the extra commute would add another hour and half to your commute

Customer:

Thanks you for your quick response.

wallstreetfighter :

In a close case, you should argue the increase expenses as well, especially if he is not compensating you for this.

wallstreetfighter :

Good luck, and if you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

Customer:

Thanks, XXXXX XXXXX he might say he will pay for 1 hour travel (my hourly rate) for travel.

wallstreetfighter :

if he does, make sure you give him an exact amount of the increase which is the depreciation to your car as well, with gas and tolls.

Customer:

Thanks. I think I have enough for now. But I think he just wants to pay only an one hour work time.

wallstreetfighter :

That may help you if you resign for this reason.

Customer:

No gas or tolls in which I would have to use the NYS Thruway

wallstreetfighter :

The gas expenses and wear and tear on the vehicle, should be included, and you would argue that the change is unreasonable, and his pay does not compensate for the travel.

Customer:

Good, Thanks

wallstreetfighter :

Good luck,

Customer:

Good Thanks

Customer:

Good Thanks

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 16006
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 2 other Employment Law Specialists are ready to help you

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