Can an employer force an employee with medical restrictions to relocate?
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Can an employer force an employee with medical restrictions to relocate?
I have been advised by my employer that I must relocate across the country. I own my home and am a virtual employee. About 9 years ago, I suffered from acute heart failure and require ongoing doctors care. If I do not relocate, I will be forced off payroll. As I am upside down in my mortgage, I cannot possibly sell my home without taking a major hit to my credit rating. More importantly, moving across the country away from my family and doctors could prove detrimental to my health. Is this a valid reason to file a lawsuit against the company?
Asked on January 16, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
On what grounds would you file a lawsuit? Employers may run their businesses for their own benefit, not their employee's beneift.
If you have a contract which guarantees your location, etc. of work, that is enforceabe, and you could, if necessary sue on that basis. In this case, you might have a viable lawsuit.
However, if you don't have a contract guarantying location, etc., your employer is free to reassign you to a different location. Your employer is not required to take your financial or medical needs into consideration in doing so...the employer is not obligated to you, except and only as there is a contract. Therefore, there is no liability against the employer for this, since they have a right to do this.
You may however, be eligible for unemployment compensation at least, since being reloacted to a distant location can constitute "constructive termination," or being effectively fired.
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