Legal Question in Employment Law in New Jersey
Hello, 2 questions:
The landlord for our current office location is not renewing our lease. My company is currently looking at new sites from 2.4 to 30 miles from our current location. Our company is NOT closing this office but relocating it, pickup and move. I have a staff member here who is stating that there is a law, that if a company relocates an office and there is added mileage (staff member will not state the mileage) the compnay must offer a seperation package for any staff not will to relocate.
Myself, I currently travel 41 miles one way to the current location and the further site would add at least another 30 miles. Is there any provisions that state a company should help with the added travel expense?
Thank you
Sheryl
2 Answers from Attorneys
I know of no rule of law that requires a relocating company to offer employees severance packages nor did I find anything in some references that I would have expected to provide information if one existed. There is some case law that permits an employee to treat a long distance move as a constructive discharge even if the company claims that the job is still available. That would make unemployment benefits available to the employee and may trigger some contractual severance provisions if the company policy provides for that. Absent such a contractual provision, it would not require the company to offer a severance package and it is not obvious that the company would gain any benefit from such a package except for its employee relations effect. Noteably, a package in exchange for the employee's promise not to apply for unemployment benefits would not be enforceable. � There are some statutes that require notice from large companies which plan closures that would displace large numbers of workers. I assume that your situation does not fit there.
See also: http://info.corbettlaw.net/lawguru.htm