Can My Employer Transfer Me to Another Company

For example, if your new employer has to close part of a business because it is not performing well and therefore has no business need for employees with your expertise, you are entitled to the same dismissal rights as any other employee. As with moves, if you want to change departments, work in another functional area, or work in a different workplace, you may be able to request a transfer or you may need to follow the official guidelines to apply for the position(s) you are interested in. If a person is an “employee at will” and refuses to change, this may result in dismissal unless the employer has stated in a written contract that the employee`s position would not require a move. The employer is likely to characterize it as a dismissal at will or a abandonment of employment, depending on the circumstances. If you are a member of a union, you should review the CBA`s rules, if any, regarding transfers or have them reviewed by a lawyer. They mention that it would be proposed to “change part of the job description and wage rates” of the “rental” of employees to the new employer. It is not clear whether the changes proposed by your client would meet the above facilitation criteria. I recommend that you refer carefully to Article 122 of the FW Act. TUPE protection is in place to prevent you from receiving worse terms of employment when you are transferred. This means that not only will your pre-existing conditions be transferred on the first day of employment with the new employer, but you should also not lose your employment rights. Most employees, including former employees, have the right to access and obtain a copy of their personal records to find out what information their records contain about them and their work performance (California Labor Code Section 1198.5). Your employer must allow you to view and copy your file within a “reasonable” time after you have requested to view and copy it. You can request to add your own documents to your personal file if you disagree with some of the information in the file.

Various laws offer similar rights to most government employees. To prevent employers from having to pay an increase in their taxes on unemployment benefits for former workers, an attempt is often made to call an employee`s refusal to change voluntary dismissal. The Ministry of Labour considers several factors to determine whether severance pay was a truly voluntary termination, that is, the choice of the employee or a voluntary dismissal for “just cause attributed to the work”, the latter, which would give entitlement to benefits. If a person refuses to change, in some cases they may be denied unemployment benefits because they refuse to work, as commuting is generally considered the employee`s problem. If commuting problems are solely due to the employee`s personal circumstances and are not related to a change in working or employment conditions, the employee who voluntarily leaves his or her employment often cannot prove a “good reason” that qualifies him or her for unemployment benefits. The Company may ask you to request a transfer in writing. If so, your letter should include the following: I recently settled a lawsuit for my client, a black public servant who had been transferred to another job. In his complaint, he claimed that he had been racially harassed by his supervisor and when he alerted management that they were transferring him in retaliation for his racial harassment complaint. It wasn`t a demotion per se, and he didn`t suffer a pay cut, but for him it was a less desirable place. The trial led to a six-figure settlement. 1. Can my client change employees` job descriptions when they move to the new business without any impact? 2.

If there are conditions that occur above, what could they be? 3. If the employee is not willing to move to the new business under the specified conditions, what options are available to my client? Thank you very much. Dear mentor My client has a business that is growing into a franchise organization. Whether they comply with the above rules regarding the size or duration of the employer`s employment, employees participating in the state`s disability insurance program (IDW) are entitled to a maximum of six weeks of partial pay per year when they take time off work to bond with a newborn, a newly adopted foster child or a critically ill parent. Stepfather, grandparent, sibling, child, grandchild, spouse or registered partner. A transfer is considered a lateral transfer if it is a transfer to the same workstation at another location or to the same level workstation in the same or a different department. If you are applying for a higher job, this is a promotion rather than a transfer. If you find that your working conditions have deteriorated or will deteriorate as a result of the transition, you have the right to resign and demand unfair dismissal.

However, an internal move can also be risky if you don`t pay attention to how you handle your transfer request. Here are some tips on how to transfer jobs. Your employer can`t choose you for a layoff just because you`ve moved into the company. If your employer has applied fair and objective selection criteria for dismissal and you are selected for dismissal, that would be fair. If you are fired or fired, your employer must pay all wages owed to you immediately after termination (California Labor Code Section 201). If you resign and notify your employer 72 hours in advance, you will be entitled to all wages due on the last day. If you cancel with less than 72 hours notice, your wages are due within 72 hours of notifying your employer that you will be firing (California Labor Code Section 202). If your employer intentionally refuses to pay you within these deadlines, they may have to pay you a penalty for each day your salary is late, up to 30 days. (Government employees are not covered by this rule.) Applications for late final pay are submitted to the Commissioner of Labor (California Department of Industrial Relations, Division of Labor Enforcement).

The current company, which will be the franchisor, owns all current employees. They want to transfer employees to the new company, transfer their rights, but change some job descriptions and rates of pay. .