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Telecommuting Laws

What is telecommuting?

Telecommuting is the act of an employee whom work at home, in another area, or in another state for a company that is located a distance away. When an employee finds themselves faced with an issue regarding telecommuting or telecommute policy for a specific company they may find themselves confused and having several questions. The Experts are a fast, affordable way to have a person’s telecommuting issues and questions addressed.

What are an employee’s options if he/she wanted to move to Florida while still telecommute with their existing employer whom is located in Michigan?

Telecommuting is up to the employer. Many employers today are willing to negotiate keeping an employee if this means they can save money on such costs as office space. When a person telecommunicates this does not terminate his/her status as an employee as long as they are considered an employee. It is at the discretion of the employer as to what benefits the employee will have access to according to the employer's policy. It is up to the employee to negotiate with the employer the exact benefits associated with telecommunicating.

Is a person living in Pennsylvania telecommuting for a company in New York required to attend monthly meetings in New York when other employees are not?

When an employee telecommutes the employer general has a contract. The employee needs to check the contract to see if he/she is required to attend meetings in person. The company has the right to require the employee to maintain the contract as the company sees fit. Unless the employee can prove they have been singled out in the respect of attending meetings in person, the employee has no legal recourse against the employer. The employee signed the contract and therefore is responsible to uphold the contract as the employer determines.

Is a person living in New York required to put their address as the one they reside at or are they able to use a different address for mailing purposes due to the company requiring an address in a different area?

If the contract does not specifically state that it has to be a person's actual residence, then he/she can put a different address for mailing purposes. The employee should read the contract in depth to make sure that he/she dose not commit a fraudulent act by using the different address for mailing purposes.

Can a person temporally telecommute while receiving Family Medical Leave Act (FMLA) and dose the employee have to provide a schedule of the FMLA to the employer in the state of Wisconsin?

A temporary telecommute can be allowed by the employer and this is ok with the FMLA. In Wisconsin an employer can require a schedule of the FMLA even if the employee is found to be exempt.

If there is no written policy on telecommuting, can an employer residing in a at-will employment state file a discrimination suite against the employer if they are let go for not returning to the state to work?

If employee doses not have a contract with the employer to telecommute, then the employer may require the telecommuting to come to a stop. The employee needs to sit down with the employer and draw up a contract in regards to the telecommuting. An employee may have a suite against the employer if the employee can prove that the employer is acting in a discriminating manor.

Telecommuting is a difficult thing for both employee and employer. Contracts to protect both parties need to be in place to protect all involved from being taken advantage of. The Experts are willing to address any questions regarding the ins and outs of telecommuting for a reasonable price.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Telecommuting Questions

  • I am an RN with an excellent record for 42 years. I had an

    I am an RN with an excellent record for 42 years. I had an interview Friday to be rehired in a position I held before. The interview went well, felt assured of the hire. Today, the manager said she was going to "pass" on me d/t some comments made on my facebook page regarding a previous manager. Does she have the right to withhold a job I'm very qualified for because of what is posted on my wall? If I was not an employee when these things were posted, can she legally hold them against me?
  • I was was hired at my current job 2 years ago as an estimator

    I was was hired at my current job 2 years ago as an estimator for construction company and am also an exempt salary employee. The owner asked me when I started working for him if I could train a crew to run a particular type of equipment that I am considered in the industry to be highly knowledgable on the designing of, operation , and troubleshooting of the equipment . I only agreed to training a crew over a couple of months but this turned into me operating the equipment and they have not been allowing me to do the estimating job and they continue to pay me as exempt salary employee. Last year I logged over 3400 hours working in the field which a large portion would be over time . My job operating the equipment is a very labor intensive job. Do I have any recourse for getting paid all the overtime ?
  • If I was an employee for 12 years, off, then hired back

    If I was an employee for 12 years, laid off, then hired back as independent contractor 2 weeks after severance date, am i misclassified? I am doing the exact same job. 30 hour per week contract, use my same company computer, go into the office (most days) and work for same boss
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