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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.
4460311
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Recent Transfer Questions

  • I work for the government as a TSO for TSA, they are in the

    I work for the government as a TSO for TSA, they are in the process of privatizing our airport, which means I either work for the new company or transfer somewhere else(which is impossible for me) The government policy says I have to retire and not receive a severance package while my younger coworkers (who started with me ) are getting a severance package of over 25K plus their retirement when they retire. Their policy states, 55 yrs of age and older with a minimum of 10yrs employment must retire. This seems grossly unfair and I'm sure is this was a private company I would be able to sue. It also states that if you are receiving retirement from the military you cannot receive a pension.
  • On July 18, 2014, I filed a race, ADA (perceived disability)

    On July 18, 2014, I filed a race, ADA (perceived disability) discrimination and retaliation lawsuit against my current employer. On August 14, 2014, a co-worker who is of the same race as me filed a workplace violence complaint against me. In my co-worker's complaint she accused me of calling her a 'bitch,' and adding 'We can take it outside if you want to.' On October 17, 2014, my employer sent me a certified letter informing me that my co-workers complaint has been referred to a pre-disciplinary hearing. The letter also provided me with the report of the Human Resource investigation. According to the Human Resource investigation, four anonymous employees were interviewed and three employees stated that they did not hear me call my co-worker a 'bitch,' and add 'We can take it outside if you want to.' However, one employee did state that she heard me call my co-worker a 'bitch,' and thinks that she heard me say 'Lets take it outside.' The human resource is recommending that I be disciplined for calling my co-worker a bitch. Here is my side of the story, I have never received corrective action in the past. I did not call my co-worker a bitch. At the time I was on my personal cell phone while on my break. One of the employees interviewed confirmed that she saw me on my cell phone. According to another employee who was interviewed, "A co-worker told them to go back to work." This co-worker heard everything but was never interviewed. In addition, the employee who made the workplace violence report against me is included as a hostile witness in my current lawsuit of discrimination. I believe she is a hostile witness because after filing an EEOC complaint to form the basis of my lawsuit my workload was increased far more than that of the co-worker who made the workplace violence complaint. I believe that this workload increase is in retaliation for filing an EEOC complaint and the co-worker who made the workplace violence report stated that her workload is greater than that of my workload in a work study which was conducted by Human Resource personnel. This work study was a direct comparison of my workload vs my co-workers. The Human Resource personnel maintains that our workload are equal. In the past, anonymous employees in this same department have made false complaints against me. In December of 2010, I was referred to the Employee Assistance program for a fitness for duty investigation after making an internal complaint of discrimination. Specifically, I complained to the Human Resource manager that my previously approved lateral transfer to another department was given to supervisor's wife who was then immediately promoted. Then Anonymous employees were interviewed by Human Resource personnel made accusations that I was psychotic, my reactions were unpredictable, I was blocking employees from entering the bathroom, employees were fearful of me and avoided me at all cost. I was evaluated my employers licensed counselor on three occasions. My employers counselor wrote a letter to my department stating that there was no evidence that warranted a fitness for duty evaluation. I discovered the anonymous employees accusations two years after I was sent to the employee assistance program. The Human Resource personnel provided the counselor with a investigative that included the false accusations made by anonymous employees. The Human Resource Personnel violated the due process clause because I was never given a hearing in which I could challenge the accusations made by the anonymous employees. I was never provided the names of the employees who made the accusations in 2010, and their accusations are included in my current federal complaint. Although, Human Resource personnel never provided me with the names of the employees who made the complaints, I believe that the co-worker who made the workplace violence complaint against me was included in the prior complaint which occurred in 2010. Therefore, I believe that the workplace violence complaint is in retaliation for filing a federal lawsuit. In your opinion, Do you think I should provide the hearing officer with the past history of anonymous employees who have made false accusations against me? What is your advice?
  • 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?
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