Legal Question in Employment Law in Maryland
Involuntary Transfer due to Leave of Absence
Background: I took an approved unpaid personalleave of absence because my company transferred me to another facility 30 miles away. The hours at this other facility conflicted with my son's daycare hours of operation. (I am a single parent). Therefore, the company offered me another position in Pennsylvania. I took the PLOA to decide which would work out best for my son and I. When I called my manager to let him know that I would be staying in Maryland, he told me that my position had been filled and the only option that I had was in Pennsylvania (3.5-4 hours away). When I asked if the company was going to pay for my move, they told me no. My salary was decreased by $5,000 and I have to pay to break my lease in Maryland. The reason given for my decrease in salary was that it was a market change & cost of living factor. My question is: Can my company be held responsible for my moving cost & lease costs? and Am I entitled to equivalent pay since my PLOA was approved in writing? I appreciate any info you can give me.
2 Answers from Attorneys
Re: Involuntary Transfer due to Leave of Absence
Technically, I do not know of any law that would require the company to pay for your costs or maintain your salary level.
The issue I see here, though, is that it sounds like the company transferred you but kept the same position in MD and filled it. If that is accurate, then perhaps there is something untoward happening.
Also, you say the transfer was 30 miles away, but 3 - 4 hours away. Is there a typo in your question?
In any case, unless the employer's conduct in transferring you was discriminatory (age, sex, race, disability, etc.), it is legal and they do not have to cover your costs. You should check the company policies (if there are any) on transfers, though, just to be sure that you do not have any other rights.
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.)
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.
Re: Involuntary Transfer due to Leave of Absence
Unless a contract was effected or a formal agreement on any of the matters of which you inquire, there is little basis to proceed. It appears to me that you should entertain the prospect of a job in Pennslyvania. Some aspect of the employment agreement needs to be stated in order for it to be enforceable.
On the otherside of your question are matters such as the size of the employer, FMLA policies, and other related matters.
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