Can an employer change the job requirements the first day of employment?
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Can an employer change the job requirements the first day of employment?
The position was 2-3 days telecommuting, heavy population area and commute is 2 hours one way. First day of employment I was told that there will be no telecommuting. Is this legal? Are there any other options? Employer does not seem to want to compromise i.e. flexible hoursas this was approached by the new employee in order to salvage the employment.
Asked on November 13, 2017 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Did you have a written employment contract for a definite or defined period of time (e.g. a one-year conract) which specified the job terms, conditions, location, or requirements? If you did, the employer may not violate the contract, and if they do, you could sue for breach of contract to force them to honor it or get compensation for their breach.
However, if you don't have a written employment contract, you are an "employee at will." An employee at will has no rights to a certain work location, set of duties, to telecommuting, etc. Rather, the employer may change the job of an employee at will at any time, for any reason, without prior notice--even on the first day of work--and the employee has no recourse. So without a contract, this is legal.
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