The rule in NY is that employment is "at will
" absent an express agreement to the contrary. At will employment can be terminated or modified for any reason not amounting to discrimination
on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation
for engaging in certain forms of legally protected conduct (filing a wage
claim, taking FMLA
leave, etc.). It doesn't matter whether the basis for termination
is fair, reasonable or even true.
Thus, there is nothing unlawful about an employer changing their policy with respect to family members working in the same office, and then making further employment contingent on accepting a position at a different office. All you can do in this circumstance is attempt to reason with your employer about why the transfer
is unnecessary. If you would be able to engage in travel but your daughter cannot, then perhaps you could offer to take the transfer instead of her.
If your daughter refuses the transfer and can prove that she had no practical way of accepting it, she should be eligible for unemployment benefits
because she will be unemployed through no fault of her own. That would be her sole legal recourse under the circumstances, as unfair and as unfortunate as that is.
I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.