I Was Told to Transfer to Another Position or Resign From My Job? Can My Employer Do This?
by: Kimberlee Colbo (Member, Alaska Bar Association Employment Law Section)
I was told to transfer to another position or resign from my job. Can my employer do this?
Whether your employer can require you to transfer to another position or resign from your job depends on the facts and circumstances underlying the demand to transfer.
Generally, employers can dictate the work assignments of non-union employees. Your employer can tell you that you have to transfer to another position for any number of reasons. For instance, your employer can do so as a disciplinary measure or because your employer simply needs you in a different position. If you turn down the transfer, your employer can probably require you to resign. However, your employer cannot demand that you transfer to another position if the reason your employer is doing so is in retaliation for your exercise of some protected right, such as complaining about sexual harassment or making a complaint to OSHA or filing a wage and hour claim.
Finally, if you are covered by a Collective Bargaining Agreement, then your employer's right to require you to transfer positions will be governed by, and potentially limited by, the terms of that Agreement.
Note: This material was prepared and submitted by Anchorage attorney Kimberlee A. Colbo of Hughes Thorsness Powell Huddleston & Bauman, LLC. Ms. Colbo is a member of the Alaska Bar Association's Employment Law section.
Last Reviewed On: 04/04/05
Information Not Legal Advice. This web site has been prepared for general information purposes only. The information on this web site is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state to state, so that some information in this web site may not be correct for your jurisdiction. Finally, the information contained in this web site is not guaranteed to be up to date. Therefore, the information contained in this web site cannot replace the advice of competent legal counsel licensed in your state.
Lawyer Advertising. In some jurisdictions this web site may be considered lawyer advertising. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Any listing of an attorney does not constitute a recommendation of the attorney. Before hiring any attorney, you should investigate the attorney's reputation and qualifications.
Links. This web site contains links to other resources on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor or are affiliated or associated with the persons or entities who created such site, nor are the links intended to state or imply that we are legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
E-mail. Viewing this web site, or transmitting an e-mail message to Alaska Legal Services Corporation through this Web site, does not create an attorney-client relationship between Alaska Legal Services Corporation and you. Sending e-mail to an attorney mentioned in this site does not create an attorney-client relationship between you and the attorney. Unless you are already a client of the attorney, your e-mail may not be protected by the attorney-client privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are extremely important in most legal matters. You may lose important legal rights if you do not hire an attorney immediately to advise you. Many people do not check their e-mail daily, and some attorneys do not respond to unsolicited e-mail from non-clients.
AlaskaLawHelp is a project of Alaska Legal Services Corporation in collaboration with community partners and advocacy groups, Pro Bono Net, and the Legal Services Corporation. Click here to fill out a user survey.
