Legal Question in Employment Law in Illinois
Mandated Work Travel - Unfair Practices
My husband is being made to travel out of state by his employer. There is nothing in his contract stating that travel is part of his job nor was there ever any mention of travel when he interviewed. There is no signed agreement of any kind regarding travel, and nothing to protect him from being taken advantage of. He cannot say no unless he has already scheduled a vacation day within the time frame they are asking him to be gone.
He is often asked to leave on as short as 3 hours notice. He is told he will be gone for a certain number of days, then once he has arrived at his destination he is told that they need him to stay longer. For example, he is told that he is going to be gone for 3 days, but they keep him out of state for 7-10 days. Out of town assignments can last for up to a month at a time.
He feels that he will lose his job if he objects or complains.
This seems totally unethical. Is this legal?
1 Answer from Attorneys
Re: Mandated Work Travel - Unfair Practices
In the absence of an employment contract, Illinois adheres to the "employment-at-will" concept, meaning that an employer may terminate an employee for "any reason or no reason at all" -- other than certain discriminatory reasons identified by statute -- and, concomitantly, an employee may quit at any time. If no employment contract existed between your husband and his employer, the employer could ask travel of your husband and if he didn't like it, he could quit.
Your question, however, states that there is some sort of employment contract. Thus, without reviewing the contract -- which embodies both your husband's and his employer's respective rights and obligations to one another -- it is impossible to venture as to whether what his employer is asking of him is reasonable/permittable and, if not, what his remedy may be.
-- Kenneth J. Ashman; [email protected]
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