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RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 11995
Experience:  Experienced in multiple areas of the law.
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I'm in NY state, My employer is trying to force a worker to

Customer Question

I'm in NY state, My employer is trying to force a worker to temporarily(6 weeks) transfer to another facility in another state?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: NY
JA: Is the employment agreement "at will," union, full time or part time?
Customer: at will full time
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Employment Law
Expert:  RobertJDFL replied 1 month ago.

Thank you for using Just Answer. I look forward to helping you.

Unfortunately, as a general rule, an employer has a great deal of discretion to manage its operation and work force, including the power to transfer an employee to a different work site (even to one in another state). There are some exceptions, however. An employer may not take adverse action against an employee (e.g., demotion, termination, undesired transfer) because of a protected characteristic (e.g., age, race, gender, etc.) or because the employee engaged in protected activity (e.g., filing a safety concern with OSHA). There's not enough information here to know if this is the case. Assuming it is not, however, regrettably, what the employer is seeking to do would be legal. The employee could refuse, of course, but the employer would then be within their rights to take disciplinary action against the employee, up to and including termination.

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Expert:  RobertJDFL replied 1 month ago.

Was there something I could clarify for you about my answer, or did you need any additional information? Please let me know -- I'm here to help!

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