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burdensome office change


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#1 kansasgrad

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Posted 21 February 2013 - 05:40 PM

I've been on the job 120 days as a VP in mortgage processing. The agreed upon location of my office and where I currently work is a 15 mile one way commute. Without any change in job description or responsibilities, I've been ordered to report to a new office that involves a one way commute of 95 miles. This is a permament placement and my current locations position is to remain unfilled. This is in employee friendly California. what are my options?

#2 pg1067

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Posted 22 February 2013 - 07:30 AM

Either comply, work out another arrangement, or find a new job. Your post raises no legal issue unless you have a written employment contract that expressly prohibits your employer from altering the terms and conditions of your employment.

#3 Guest_FindLaw_Amir_*

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Posted 22 February 2013 - 08:04 AM

Did you inform the company about such a move? To learn more about your rights as an employee, you may visit the Employment Law Center as a good resource.

#4 Fallen

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Posted 22 February 2013 - 08:42 AM

It's not precisely clear what you mean by your question. Ultimately, you're free to argue it's a constructive discharge situation and file for unemployment benefits, but even accounting for cost of gas and time/commute, etc., it's unclear whether you'd wind up better off quitting than just ... starting to look for a new job and meanwhile collecting more dough. Unemployment benefits suck.

I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#5 adjusterjack

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Posted 22 February 2013 - 01:10 PM

I've been on the job 120 days as a VP in mortgage processing. The agreed upon location of my office and where I currently work is a 15 mile one way commute. Without any change in job description or responsibilities, I've been ordered to report to a new office that involves a one way commute of 95 miles. This is a permament placement and my current locations position is to remain unfilled. This is in employee friendly California. what are my options?


Changing the distance from 15 miles to 95 miles one way could very well give you grounds to quit for good cause and qualify for unemployment benefits.

Read the following case discussions from the CA EDD before you make that decision:

http://www.edd.ca.go...Quit_VQ_150.htm

And don't be surprised if you get turned down right out of the gate. Might have to go through the appeals process.

Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.





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