Employment Relocation - If turned down can they consider me to have resigned?

[tlchance05]

Arkansas - I have been employeed for 7 years with AT&T. A year ago our company was purchased by SBC. All virtual office workers were told that providing they did not change their job or transfer to another organization that their virtual office status was grandfathered. Based on this information, I recently moved. The Company is now stating (post my move) that they are doing away with vitural office workers. They have identified 10 key cities none of which are withing 5 hours of where I live. While no formal announcement has yet been made, the rumor is that if I and many others (perhaps 500 + employees will be affected) refuse to relocate to one of the identified locations, then AT&T will consider us to have resigned. Given for two years post merger, there is a Change In Control package guaranteed to employees who are terminated without cause, I want to know if they can legally force a relocation or consider me to have have resigned thus allowing them to legally withhold any package. Given they grandfathered virutal office workers and I purchased a home and closed before any rumors or formal announcement by AT&T can they legally withhold the CIC package and if they did terminate my employment b/c I refuse to relocate, is this considered termination "without cause."

 

[Beth3]

can they legally withhold the CIC package Nobody here can tell you because we haven't read any of the particulars of this program/policy.

and if they did terminate my employment b/c I refuse to relocate, is this considered termination "without cause." If you're asking whether your employer can legally categorize your separation as without cause if you refuse to relocate, the answer is yes. What constitutes "cause" has to be defined by your employer.

 

[tlchance05]

Refusal to Relocate - Cause Defined

Cause as defined in CIC Company documentation shall mean commission of a crime, or conviction of a crime, theft, fraud, dishonesty or moral turpitude; intentional or grossly neglect disclosure of confidential information or trade secret information; gross omission or gross dereliction of any statutory or or common law duty of loyalty to the Company, which causes significant harm to the Company; or failure to apply, in connection with, as a reslt of, or in anticiption of a Disposition, Outsourcing,or Company participation in a Joint Venture involving the Employee's Company operating unit or division, for position with the Purchaser, Service Provider,service recipient or Joint Venture provided that the employee has had an opportunity to do so and Participating Company has obtained a satisfactory agreement from such successor employer to assume and agree to performthe obligations.

In my case no Disposition, Outsourcing or Company participation in a Joint Venture has occurred. They simply want to do away with all virutal office workers.