Receiving a mandatory relocation notice from human resources can be unsettling, presenting a significant life decision with immediate career implications. Whether you can be fired for refusing to move is complex and depends on your employment situation. This article will help you understand your rights and navigate this challenge.
Understanding At-Will Employment
In most U.S. states, the employer-employee relationship is based on “at-will employment.” This principle means an employer can terminate an employee for any reason at any time, as long as the reason is not illegal. It also means an employee can quit for any reason without legal penalty.
Under this doctrine, refusing a legitimate business request like relocating is often a valid reason for termination. If a company is restructuring or moving for business purposes, an employee’s refusal can be seen as an inability to fulfill the job’s changing requirements. The company is not required to find you another position if you decline the move.
If your job is moved to a new location and you are unwilling to go, the company may have the right to end your employment. They are essentially eliminating your current position and offering a new one elsewhere. Declining that offer can lead to termination under the at-will framework.
Exceptions That May Offer Protection
Employment Contracts
A primary exception to the at-will doctrine is a written employment contract. If your contract specifies a particular work location or limits the company’s ability to move your position, these terms can provide protection. Some agreements contain “mobility clauses” that grant the employer the right to relocate you, but the request must generally be reasonable.
A contract that is silent on the matter of relocation may still offer some defense, as a significant change in job location could be considered a breach of the original agreement. The absence of a mobility clause strengthens the argument that the location you were hired for is a fundamental term of your employment.
Illegal Discrimination
An employer cannot use a relocation request as a pretext for illegal discrimination. Federal and state laws protect employees from being treated differently based on protected characteristics like age, race, religion, sex, national origin, and disability. If you can show a relocation demand singles you out based on one of these traits, a termination could be unlawful.
For example, if an employee with a known disability is ordered to move to a location without adequate medical facilities, it might be a discriminatory act. The key is whether the requirement is applied fairly or disproportionately affects a protected group without a valid business reason.
Implied Contracts and Company Policy
An implied contract may be established through company handbooks, policies, or long-standing practices. If a company has a history of allowing employees in similar roles to work remotely or has policies suggesting location flexibility, this could form an implied agreement. While harder to prove than a written contract, it is a recognized exception.
An employee handbook that outlines procedures for moves might create expectations. For instance, if the handbook promises the company will try to find alternative local positions for displaced employees, a failure to do so could be challenged.
Constructive Discharge
Constructive discharge occurs when an employer makes working conditions so intolerable that a reasonable person would feel compelled to resign. While difficult to prove, a forced relocation could meet this standard, but the conditions must be exceptionally difficult or unreasonable.
For instance, a demand for an immediate move to a distant city with no financial assistance, a pay cut, and diminished responsibilities might be considered constructive discharge. The move would need to be seen as a deliberate attempt to force the employee out, not a legitimate business decision. This claim treats the resignation as a termination, allowing the employee to pursue a wrongful termination case.
What to Do When Asked to Relocate
Upon receiving a request to relocate, take a calm and methodical approach to determine your best course of action.
- Calmly review all relevant documents. Examine your original offer letter, any employment contracts you signed, and the company’s employee handbook for language about job location, transfers, or relocation policies. Understanding your documented obligations is the foundation for any conversation.
- Initiate a professional dialogue with your manager or the human resources department. Clearly and respectfully articulate your concerns, whether they are related to family, finances, or other circumstances. This approach maintains a positive relationship and opens the door for potential negotiations.
- Explore potential alternatives with your employer. Propose continuing in your role on a remote basis, inquire about other available roles at your current location, or negotiate for a more comprehensive relocation package.
- Seek professional advice if conversations do not lead to a resolution and you believe your rights may be violated. An employment lawyer can clarify your legal position and advise on the best course of action, whether it is further negotiation or legal recourse.
Considerations If Termination Occurs
If you are terminated for refusing to relocate, the company may offer a severance agreement. Have an employment lawyer review any agreement before you sign it, as this package provides pay in exchange for waiving your right to sue the company. Signing could prevent you from pursuing a valid wrongful termination claim.
Your eligibility for unemployment benefits is another consideration. Being fired “for cause” can disqualify you, but whether refusing to relocate constitutes cause varies by state. If the relocation request was unreasonable or created a significant hardship, you may still be eligible. The state unemployment office will investigate the circumstances to make a determination.