Can an employer make you switch to a third party company to continue being an employee?
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Can an employer make you switch to a third party company to continue being an employee?
I have been employed by a school district for the last 3 years. I am currently employed as a substitute nurse. I am looking to transfer into a part time postion. However the school district is trying to tell me that in order to take the position I have to be hired by a third party company and take less pay then I am currently receiving from the district. The nurse who was in the part time position has retired but is staying with the district as a substitute. I am doing the same thing as her just the opposite. Can they force me to switch to this 3rd party company with less pay?
Asked on September 19, 2018 under Employment Labor Law, Pennsylvania
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unless you have protection against this action under the terms of an employment contract or union agreement, you are an "at will' worker. This means that your company can set the conditions of your employment much as it sees fit. Accordingy if you do not accept the transfer to the 3rd party company, they can refuse to make you part-time, in fact they can terminate you.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If you have a written employment contract (which would include a union or collective bargaining agreement), they can't require you to do this, if it would violate the terms of your contract; they have to comply with the contract.
But without a written contract, you are an "employee at will." As an employee at will, you have no guaranty of employment and no right to a certain pay, job, etc. Without a contract, they can refuse to let you transfer to a part-time position unless you are hired by a third-party company.
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