Legal Question in Employment Law in Maryland

Re: Employees rights

Regrettably, yes. As long as you do not have a contract which guarantees you a location (private or union contract), then the employer has the right to assign you as they see fit. You of course can refuse and try to negotiate, or quit, or, if discharged, file for unemployment.

The basic rule is that, without a contract, you are an at-will employee, meaning you can quit or be discharged at anytime, for any reason, with or without notice. Thus, there is no protection from unreasonable employer demands, as long as they are not discriminatory. If you feel the action is being taken because of race, religion, age or some other illegal reason, then you might have a case.

Also, if you were induced to take the job (perhaps you moved here or quit another job) on the promise that you would work in a particular store or under a particular set of facts, you might have a type of breach of contract claim. Otherwise, the employer can take the proposed action.

Assuming you don't have a case, my best advice is to either:

1) approach your supervisor tactfully and ask if there is any alternative, since you took the job so you could work where you are, the commute is much more costly (gas, car repairs, etc.) and impacts your personal life greatly (loss of free time).

2) If not, and there is no alternative but to leave, let them fire you - do not resign. Ask that it be classified as a lay-off so it is clear you were let go becuase there was no position at your current store, not because you did anything wrong. That way, at least you can apply for unemployment. Be aware that the employer might fight it, and unemployment might deny it since you refused the new position. To get unemployment, you have to be ready, willing and able to work. But you can make the same claims to Unemployment that the new job was unreasonable, and you will look for a new job yourself. (Unless you do not want a discharge on your record at all - then you can resign, but might not be able to get unemployment. In that case, tell Unemployment you were constructively discharged - you had no choice but to quit because of the new assignment.)

Hopefully, as a salesman, there are many jobs available to you, even if you have to leave the current one.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.