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Job Transfer Laws

What is a job transfer?

A job transfer is when an employer requests or demands an employee to relocate for business reasons or for company policy issues. These issues could be anything from relocation to take a position within the company, family working together to even a couple dating working in the same place. Job transfers happen in everyday business and are at times unavoidable. Knowing what to do if a situation arises at work dealing with a job transfer is in your best interest. The Experts offer fast and affordable answers for your job transfer questions. Below are the top five job transfer questions.

What can a person do if a they are given the choice of a job transfer and being laid-off, is it possible to decline the transfer and take the lay off because of the inability to move?

The employer doesn’t have to give a person the option of backing out of a previous agreement regardless of any situation. If the employer feels that it will affect the company then they may terminate the employment relationship. As well, the employee many not be eligible for unemployment benefits if they have declined the job transfer offer and chose to take the layoff.

If it’s not in the company policy can a person be transferred to a place with lower pay stating that the move was made because family cannot work together in the state of Texas?

In the state of Texas the employer has the right to fire, demote or even relocate an employee for any reason regardless of any situation as long as it’s stated in a contract. Many times employers have rules and regulations regarding family working together in the same company.

If an employee refuses to transfer to another location does it give the employer means to terminate the employee?

If a person is an “at will employee” and they refuse to transfer the employer may terminate the employee unless the employer stated that the position would not require the employee to relocate in a written contract.

Can a transfer compensation package to be reduced within 3 months after the transfer has been made without an agreement?

If a company reduces compensation package and was not under any written contract then in most situations, the company can reduce the benefits but if the employer is under a contract and they reduce the transfer package they the employee will have a breach of contract case.

If a employer made a work agreement saying if the transfer job was not a good fit then they would transfer the individual back and then didn’t would the employee have a case in the state of Kansas?

If an employer made a contract saying that they would transfer an employee back to the original job then in this case there would be a breach of contract case, if the employer didn't make a contract then there would be no case unless the employee can prove that a written deal like this was made.

A job transfer is for companies to move an employee from one spot to another, many times within the same company or sister companies. Sometimes they come without warning and sometimes they come with benefits. There are many reasons why an employer may request a job transfer, if you are facing a job transfer have any transfer law questions you can contact the Experts for answers that you can trust.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
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Experience:  JD, BBA, recognized by ABA for excellence.
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Recent Transfer Questions

  • My sub chapter s corporation was recently audited by the NYS

    My sub chapter s corporation was recently audited by the NYS UI Division and found that all of my Independent Contractors should have been treated as "employees", based primarily on the fact that they were long term associates, not withstanding that they all signed Independent Contractor Agreements and are never supervised, nor or they receiving any form of benefits or allowances other than commissions, they are minimally supervised (only selecting and completing thier assignments), no sales meetings, no hours or days ever controlled. Most of them represent
    other business concerns and some are part time. This was my first audit in 40 years of doing
    business, they initially asked for $8800., now a letter was sent asking for an additional $6800.
    My CPA met with the examiner, I was not present, but I requested a hearing in protest. If I cannot reverse this decision, does the state typically permit a reduction i such contributions or do they permit installments, ordinarily? If I were to cease doing business and operate another instead, are any personal consequences? what is disturbing, is that my contractors are never put into question respecting the Federal Government, they have a separate set of guidelines that are being met. If my company was moved out of NY State, is thier a way to fight this unjust payment issue?
  • I work as a non Union employee at kaiser Permanente in Northern

    I work as a non Union employee at kaiser Permanente in Northern California, i applied and got accepted in a union position in another kaiser hospital. I was to start October 20, my transfer was blocked and was told that I have to stay for 3 more weeks. I was warned that if I don't show up on October 20, it will be considered as a " no call, no show" and that it would jeopardize my employment in Kaiser Permanente. Is this right?
  • I was hired while the hospital was being built and worked out

    I was hired while the hospital was being built and worked out of a construction trailer. The facility opened the following year. I have worked as an Executive Assistant to the CEO from the beginning and have been working for just over 8 years now. The Medical Center (hospital) is physician owned with physician investors. The initial price of each unit share for purchase was 20k. The value of Shares declined substantially and as recent as last fall were valued at approximately $5,684. each. My job as an Executive Assistant is more than just scheduling meetings and coordinating calendars. In addition to assisting the CEO, I also have prepared agreements with all existing vendors (approx 380 current), track / upload facility licensures into the database, interface with physicians, prepare Board packets and minutes, reporting schedules of departments, expense reports, and the list goes on and on. I am salaried. I also prepare the request for approval regarding the transfer of / purchase of shares. The CEO informed me that a physician was wanting to purchase existing shares from another physician and offered approximately $1,500 (substantially less) and it appeared that both were leaning towards agreement. The seller did not know the existing share value of 5k. My boss told me if the physician called on the phone to let him know. The physician did not call for a time and my boss inquired and told me not to say anything. The physician who wanted to purchase the shares came to my work area and asked me to reach out to the other physician who was wanting to sell his shares. When the seller did not answer my phone call, I sent an email stating that I was made aware of his desire to sell his shares to the other physician. My boss very quickly discoverd it, was angry and said, "I thought I told you not to say anthing." I responded that the physician wanting to purchase the shares asked me to reach out to the other physician. I cautioned my boss about the fair market value and the substantial difference in what was offered for purchase. I do not think our Corporate Office would have allowed the transaction to take place but my boss wanted to see it happen for the physician who wanted to become a Partner. I was only trying to protect my boss and cautioned him and told him I did not feel comfortable with the current physician owner having paid 20k for each share, the value being around $5,864 and the offer being $1,500. My boss realized my concern and called the other physician to let him know the existing value of the shares and the physician backed out. Later that afternoon I was walking down the hall and overheard my boss tell the CNO, "We need to find a way to get rid of her". Time has passed but my situation has become almost too much to work through as I found a small camera in the wall behind my desk. They have been and are continuing to monitor everything I do. They have filled the open Administrative Assistant position with someone having a higher skill set as like mine (undoubtedly my replacement). My boss and the other executives come to the side where I am sitting to constantly see what I am working on so that while I am most likely being filmed they will know how to do everything I do, where all of the fiiles are, etc. (I intentionally acted nieve and moved my monitors so they would not see the multiple steps and windows it takes to load a contract, etc., for example.) Things have escalated and I am being pumped by different directors at different times, like, "The Corporate Office gave me a corporate card (only CEOs have them), can you help me in preparing the online expense report?" Today my boss asked me to arrange a conference call. (After I sent out the invite, I noticed that the Market Assistant had sent one out an cancelled in within seconds. All of this so they could see where I have the conference call information.) My phone at work I believe was bugged as I was getting dropped calls. When the phone was replaced, my boss acted happy for me. The next day however, the Communications Director emailed me that there was nothing wrong with the phone he switched out. I couldn't get into my emails and was getting a never before seen error message in all of the 8 years I have worked there. I called IT and then slowly re-entered my password. I heard a voice on the other side of the wall say, "Got it". Instantly I had no problems and appologized to the IT person for disrupting his day. Later that day, I went to a side folder in my emails where I had directions on navigating to a financial document for the MOR books being prepared. That file was not there and was deleted from my side folder in my emails. (That would explain the "Got it" in that the person on the other side of the wall was able to see the password ***** entered and later went in to delete one of my emails. The document saved to the network was also deleted.) I feel that they may be planning to fire me next week even though my boss would not want to pay severence pay. Is severence pay required or not? Should I sign anything ? If his ploy is to demote me to make me look bad in hopes that I quit, do I have any rights? I have always throughout my whole entire life had stellar job performance ratings of excellent. Could you please tell me what my rights are? There are cameras throughout the hospital in corridors, etc., and in the physician lounge as my boss wants to "catch" those who may be going in and helping themselves to food, but as far as I know I am the only one that has a camera in the wall the size of the tip of a little finger behind me in my work area. I have had my Droid turned off as I feel that they have been monitoring my calls, text messages and email responses as I have my work emails on my phone as well. Even though I love my job and some of the people and am the main bread winner, I just can't take anymore. Can you help me please? I am so sorry this is so long. If this is information is too sensitive for this site, please delete it. Thank you.
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