Employer Being Unfair?

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Latest post 06-07-2011 9:20 PM by Ford. 8 replies.
  • 06-07-2011 1:14 PM

    • Kelerae4
      Consumer
    • Not Ranked
    • Joined on 06-07-2011
    • IL
    • Posts 1

    Employer Being Unfair?

    I have been with this company for 7 years.  I have been very good to this company.  Many employees have come and gone within my 7 years of being with this company. There are 3 people in my office including me.  My boss, Me who has been there for 7 years, and my bosses best friend who was been there for 7 months.   About a month ago I heard from a friend that my boss who is also a friend of hers was telling her that one of us, me or the girl who has been there for 7 months also her best friend, was going to have to move to a store about 15 miles from my store.  I knew it was going to be me.  Now a month later, I receive a phone call from the manager of the store 15 miles away that i'm not to say anything, but I will be starting there in exactly one week.  That was Friday, Today is Tuesday and I'm supposed to be starting there this Friday, but my boss still hasn't said anything to me.  I really do not feel I should have to go bc I have been here in the same location for 7 years, longer than my boss, and my bosses boss.  I want to tell them No, I'm not going because I have been there for 7 years, I'm single, I don't make enough money to cover gas, I have health issues they are aware of, and the other girl is perfectly capable of going.  She's been there 7 months, she's married, and she is young.  Please tell me if I have any rights not to go?  Or give me any advice you could have.. .Please...

  • 06-07-2011 1:21 PM In reply to

    • DOCAR
      Lawyer
    • Top 25 Contributor
    • Joined on 12-09-2000
    • NV
    • Posts 5,203

    Re: Employer Being Unfair?

    You have the right not to go, we did away with slavery 150 years ago.  But just know, they have the right to fire you for not going.  Nothing illegal happening from what you posted, maybe unfair, but not illegal.

  • 06-07-2011 1:22 PM In reply to

    Re: Employer Being Unfair?

    Kelerae4:
    I want to tell them No, I'm not going because I have been there for 7 years, I'm single, I don't make enough money to cover gas, I have health issues they are aware of, and the other girl is perfectly capable of going. She's been there 7 months, she's married, and she is young.

    Unfortunately none of those reasons qualify as legal ones for you to not work where the employer wants you to.  The employer decides where you work, not you or her.  You dance where they tell you to. 

    Kelerae4:
    Please tell me if I have any rights not to go?

    Well you do, but they also have the right to terminate you for refusing the assignment.  If you do not like the new location find a job that suits you better.  Nothing they are doing is violating any employment laws and they do not have to be "fair" in making the assignments.  It isn't unfair in asking you to go because you have been there longer.  Perhaps the other location requires someone with more experience. 

    "That's just my opinion, then again I might be wrong."  Dennis Miller

     

  • 06-07-2011 1:22 PM In reply to

    Re: Employer Being Unfair?

    Kelerae4:
    Please tell me if I have any rights not to go? 

    No.

    Unfair, maybe. Illegal, no.

    Refuse to go and you get fired for refusing the work and you get disqualified for unemployment benefits for refusing the work.

    I've read enough unemployment case law to know that refusing a 15 mile commute will disqualify you.

    Kelerae4:
    Now a month later, I receive a phone call from the manager of the store 15 miles away that i'm not to say anything, but I will be starting there in exactly one week.  That was Friday, Today is Tuesday and I'm supposed to be starting there this Friday, but my boss still hasn't said anything to me.

    I suggest you talk to your own boss TODAY and have him confirm by memo that you are moving or have him intercede to keep you.

    Don't whine about health issues, family issues or gas money or the other girl's status. Emphasis your success with the company and how your efforts make your boss look good.

     

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • 06-07-2011 1:24 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,519

    Re: Employer Being Unfair?

    You have a basic right to accept the new assignment with a smile or refuse to take it and risk getting fired for cause and denied UC as well.

    If you current boss puts his new employee ahead of you to stay that the bosses call--and unless you are super slick at how you present things I suspect if you try to talk your boss into sending his friend to the further away store  you will only succeed in talking yourself out of a job. --your personal problems are not the boss's problems to solve. And what the younger gal may or may not be capable of doing is not your call.

    Now if you were super slick and could get new employee to think the other store has better promotion prospects, better hours, better pay  or suite her needs better in such a way that she covets that change--SHE might be be able to talk her friend into putting her name first....but I'm not sure that's a practical game to play.especially at this late date. ...



  • 06-07-2011 2:12 PM In reply to

    Re: Employer Being Unfair?

    Maybe the boss hasn't said anything yet because this isn't as much of a "done deal" as you may think.  Or perhaps he's dragging his feet because he knows it's unfair to tell you to go and not the person who's only been there 7 months.

    Yes, you can refuse to go but you run the risk of being fired.  When and if the boss says something to you about transferring, you certainly may tell him that commuting that far is going to be a real hardship for you and ask him to reconsider and transfer someone else.  But don't whine say "it's not fair."  That really won't get you anywhere except for the boss to dig in his heels.  Ask him to reconsider the decision but be pleasant about it. 

    Legally speaking, you have no means to force the boss to allow you to stay at your present location.

  • 06-07-2011 2:18 PM In reply to

    "Fair" is not alegal concept

    Virtually every detail of your post is irrelevant to the untilmate question. If you employer reassigns you, you have to choices: accept the new assignment or refuse it. If you refuse it you run the risk of being fired and the firing would be both legal and for cause, so you probably would noy get unemployment.

  • 06-07-2011 8:17 PM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,520

    Re: Employer Being Unfair?

    Kelerae4:
    I receive a phone call from the manager of the store 15 miles away that i'm not to say anything, but I will be starting there in exactly one week. 

    You aren't to "say" anything?  You need to get confirmation of the relocation of your position either from your current or prospective manager.  Personally, I'd e-mail one of them requesting verification of what is to take place, and when.

    Kelerae4:
    Please tell me if I have any rights not to go? 

    You have the alternative to quit. 

  • 06-07-2011 9:20 PM In reply to

    Re: Employer Being Unfair?

    If you don't have a contract for your unemployment then the employer can do almost anything it wants unless it is being done because of a protected characteristic, like age, race, sex, religion, national origin, etc.

    You NEVER obtain enforceable rights in your "at will" employment by being a good employee or being there for a long time.

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