In California, an employer may sometimes require an employee to work at a different location. Whether an employer can make this change without notice depends on the circumstances, including the employee’s agreement with the employer, company policies, and the terms and conditions of employment.
A change of work location is not automatically unlawful. However, an involuntary transfer may raise legal concerns when it is used to discriminate or retaliate against an employee or substantially changes the employee’s working conditions.
What Is an Involuntary Transfer?
An involuntary transfer occurs when an employer requires an employee to move to a different work location without the employee requesting the change. This could include transferring an employee to another office, facility, city, or substantially different workplace.
California employees should consider how the transfer affects their job. A significantly longer commute, change in duties, reduction in compensation, change in schedule, or other substantial change in working conditions may be relevant when evaluating the situation.
California Employee Rights When a Work Location Changes
California employee relocation laws do not provide a blanket rule prohibiting employers from changing an employee’s work location. The employee’s rights can depend on the reason for the transfer and the specific circumstances.
For example, an involuntary transfer may require closer legal review if it occurs after an employee:
- Reports discrimination or harassment
- Complains about unlawful workplace conduct
- Participates in an investigation or protected workplace activity
- Requests a legally protected accommodation or leave
- Reports certain wage-and-hour violations
A transfer that appears to be motivated by discrimination or retaliation may raise different legal issues than a routine business-related relocation.
What Should You Do After an Involuntary Transfer?
If your employer suddenly changes your work location, keep copies of emails, notices, messages, and other communications regarding the transfer. Review your employment agreement and applicable workplace policies, and document any changes to your pay, duties, hours, schedule, or working conditions.
Before refusing the transfer or resigning, consider speaking with a California employment attorney. The consequences of refusing an employer’s directive or leaving your job can depend on the specific facts.
When Can an Involuntary Transfer Become a Legal Issue?
An involuntary transfer is not necessarily a violation of California law simply because an employee does not want to move locations. However, the circumstances surrounding the transfer may matter.
If the transfer appears connected to discrimination, retaliation, or a significant adverse change in employment conditions, an attorney can review the facts and determine whether the employee may have a potential legal claim.
Litigation, P.C. represents employees in employment disputes in Los Angeles and throughout California. If you believe your employer has unlawfully changed your work location, an employment attorney can help you understand your rights and potential options.