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.
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