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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18790
Experience:  Employment/Labor Law Litigation
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My director informed me that he is transferring me to a sister

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My director informed me that he is transferring me to a sister facility because he hired his friend to work in my position. Can he do that?
Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

Did you have a contract of employment stating that the terms of your employment could only be altered "for cause" or with your consent?
Customer: replied 3 years ago.

I don't know. I have my offer letter that specifically states my position is at the rehab hospital and my director is saying that I now have to work at the LTAC hospital.

An offer letter is not a contract. It is just an offer letter.

Here is the problem. If you do not have a contract of employment specifically stating that the terms of your employment can only be altered for cause or with your consent, you are then what is called an "at will" employee.

At will employees can have the terms of their employment changed at any time, with or without their consent. The employer simply has to avoid making employment decisions based on a few illegal factors. Race, religion, gender, age, disability or FMLA use.

Oddly enough, there is no law against favoring a person friend, family member or girlfriend/boyfriend. Some employers might have their own policies against making decisions on that basis, so if your employer does you can make a breach of an "implied contract" claim against the employer, using that policy as the implied contract.

However, without any specific policy disallowing decisions to be made on the basis of relationship, it is not an illegal basis to make such decisions.
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