Can they force me to move?

[dizzym92]

I'm in Michigan. I have been working for a large franchise restaurant for 2 years, most recently as a General Manager. My restauarant was closed and the owners are telling me that I and my family have to either move to an undisclosed restaurant at least 50 miles away (by January 4th) or quit - that they are not going to terminate me. My new position will be a lower rank although they will pay me a little more (because its a significantly more expense part of the state). Can they do this?

 

[cbg]

Yes, they can.

While they cannot force you to move , they can transfer you and fire you if you refuse the transfer, which essentially comes to the same thing.

 

[VeronicaLodge]

it sounds like they dont want to fire him/her and pay unemployement, they want him/her to move or quit. if that is the case, i would say choose neither and make them fire you.

 

[cbg]

I think that's what I just said.

The poster cannot be required to move. They CAN be required to move in order to keep their job. The employer may legally fire them if they refuse the transfer.

 

[ecmst12]

Usually, refusing work that's offered will result in a denial of unemployment. But if the offered employment would require relocation, you may still be successful in your UC claim if you refuse the transfer.

 

[pattytx]

50 miles is more than I'd personally want to go, but just for curiosity's sake, how much further would it be from your home to the new place than it is from your home to the current place?

 

[Gadfly]

Hey, if they are closing the place you work at and you don't accept the job they are offering you, how do you plan to pay your bills?

 

[Beth3]

While far less than ideal, lots of people commute 50 miles (or considerably further) to work. dizzy, I don't see why you'd have to move to accept the new job. Why not accept it, deal with the commute for a period of time, and start looking for a new job closer to home? That seems a lot more appealing that being unemployed for an undetermined period of time and wondering how you're going to pay the bills.

As it relates to your potential eligiblity for UC benefits if you decline the job, that not only is a State-specific question, it's also an "sub" State-specific issue. It all depends upon the geographic area within your State in which you live/work and how common commutes of such distances are in your area. If I were forced to guess, it would be that UC benefits would be denied. 50 miles just isn't THAT far.

 

[TinkerBelleLuvr]

Actually, it depends. If you were South of Detroit and the 50 miles were north of Detroit, the 50 miles may translate into 1.5 -2 hour commute EACH way. In addition, there is this white fluffy stuff that comes down from the sky that can make a long commute extremely difficult.

PS - there is a reason I no longer live in that lovely state.

 

[ecmst12]

50 miles isn't that far if you live in the middle of nowhere and have no traffic. 50 miles is REALLY far if you have to drive it through stop-and-go rush hour traffic every day! My commute is half that and it takes an hour and a half some days....so I guess it would depend on what commuting is like and how sympathetic the UC board is in your area.

 

[cbg]

Cutting through the extraneous comment, here is what it boils down to.

Whether you move or not is your business. However:

1.) Your employer can transfer you to another location with or without your consent.
2.) If you refuse the transfer you can be fired.
3.) If you accept the transfer but refuse to move, your employer can hold you responsible for being at work, on time, every day, regardless of how long your commute is.
4.) If you are late to work too frequently (and your employer gets to decide how many times is too frequently) or if you are unable to get to work because of distance/weather, you can be fired.