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Being transfered without applying

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What is the name of your state (only U.S. law)? Arizona

Long story short**************.

The company I work for just opened a new facility. Everyone that wanted to go out to the new facility was told they must apply for a position out there. I did not apply because the facility is too far for me to travel as where I am at is five minutes from my house. My new supervisor (who does not like me at all) has put me on the schedule for the new facility. When I told her I didnt apply to be transfered out there, as its not possible for me to travel that far. She has told me thats where I am working. Can they transfer me to another facility without me applying? It was never even brought up to us that it could be a possibility we would get transfered. am the only one that is being told I have to go...everyone else has applied to be transfered there. There is no shortage of staff as she has hired over 15 people all full time, and for our company thats a huge number for our department, so its not a shortage of staff thing. Can anyone tell me what I can do...? She is stating that I am "resigning my position" if I dont show up out there. Which Im not....I just didnt apply there.
 


cbg

I'm a Northern Girl
Yes, they can transfer you without your applying. No law in any state says that you have to request or give your permission for a transfer. Your employer, not you, decides where and when you work.
 

commentator

Senior Member
Agree with cbg, exactly how far is this new place from your home? In minutes it takes to drive it AND in miles? This is something you need to know.
Then, I'd go over your supervisor's head in some way. To HR if you have an HR department. To her supervisor if you do not have one. Let them know, very clearly that you do not consider this a reasonable transfer, that you did not seek this transfer and that you do not want it, though you want to continue to work at your job. Tell them very clearly that you are NOT resigning, you are being forced to quit by being given no option but this transfer, regardless of what they say they are going to call it.

Then, when you are terminated, you can file for unemployment benefits, and being monetarily eligible, you would have a fairly good chance of being able to be approved. This is, of course, provided that the distance to the new job is a really unreasonable commute. That's sort of a judgment call. If it is 10 or 15 miles from your home, that may not be unreasonable, unless it is across town through really bad traffic. If it is 30 miles each way, that may be considered unreasonable. There's no set distance that is an unreasonable commute in most states. It is pretty much left up to the judgment of the unemployment ajudicators based on your unique circumstances.

Be sure you don't want to make this new commute. Wouldn't it be taking you away from the supervisor who does not like you? Jobs close to your home are probably going to be hard to find, unemployment even if you get it approved is going to be a lot less money than you would make working,even with a longer commute. Think about it long and hard.
 

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