Legal Question in Employment Law in Maryland

Can I be fired if i do not move?

In May I took a upper management position with the fortune 500 comapny I work for. My division has done outstanding work and has been recognized as such. Now in order to keep my position I am told I will need to move to another state. Can I be forced to move even though i have done the job very effectively from where i live , which is more central to the people and area that i currently cover?


Asked on 1/08/04, 10:15 am

2 Answers from Attorneys

Re: Can I be fired if i do not move?

Unless you have a contract, either verbal or written, which states that you would not have to move, then the employer has the right to move the job and offer it to you in that location. If you decline, they can discharge you. Of course, you are free to resign as well. (Better to be discharged and collect unemployment while you seek new work if it comes to that.)

I recommend that you try to negotiate if possible - perhaps telecommuting is an option. If not, try to negotiate for severance if there is no policy. Also, see whether there are other positions available at your current location.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[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.

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Answered on 1/08/04, 10:53 am
Lawrence Holzman Holzman Law Firm, LLC

Re: Can I be fired if i do not move?

Presuming that you do not have a written contract that addresses the issue of your work location, your employer can probably direct you to work in any location that it desires. Emloyment without a written contract is "at-will", which means that either party can terminate at any time for any reason (other than discrimination or other protected reasons). Frequently, this means that decisions are made which do not seem "fair" (such as asking you to move when your division has been performing well). Unfortunately, the law does not provide a remedy for such circumstances -- your best bet is to either negotiate for some type of other option (take a different position, lateral move etc, telecommuting, etc.). If they are going to force you out, then since you are at a level of upper management, you should probably consult with an attorney to try to negotiate some type of severance.

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Answered on 1/08/04, 1:13 pm


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