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  • Transfers Oregon

    My district manager at (fast food chain) asked me to transfer to a location about 20 minutes away. I do not have a car, I told him this would not be possible for me, he said take the bus, which I informed him i have extreme anxiety and panic when I think about taking a bus. This is called agoraphobia. (It started after a very bad experience) He told me if I could not transfer I would be terminated now i don't have a job, he is saying he never used the word terminated which he did. I'm an amazing employee and fully understand he wanted to transfer me because that location needed me to re train everyone. I picked the location I was at because I could walk if needed the farther location means i could not get a ride because my fiance has appts most mornings and homeschools our daughter. Which leaves me fending for myself. Now he says I voluntarily quit. I never wanted to leave. I love my job. I heard something from a lawyer there might be a law on the distance of travel, and because i told him about my anxiety he let me go. Any help here would be great!

    Elise
    Last edited by cbg; 05-03-2016, 04:32 AM.

  • #2
    Some states do have a distance rule, but it is usually miles not minutes. How far was he requesting you go? You might be eligible for unemployment if the new location is far enough away in miles. I can't find a specific number of miles on the OR unemployment website. But turning down work or missing an opportunity to work can sometimes be disqualifying. And lack of transportation is usually not a good cause for refusing work.

    I don't think you have any kind of case of disability discrimination because he terminated you for refusing to go to the new location (it's not his responsibility to figure out how you should get there) not because you are anxious and can't ride buses. There are other reasonable ways to expect you to be able to get there (friend, car, cab, uber, bike, etc) if it is close enough. It's not his issue that you have other personal issues (fiancÚ's schedule and daughter's schooling) that take priority in your life choices.

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    • #3
      Any law that might exist in your state will apply only to whether you qualify for unemployment or not. I can promise you there is no state with a law that makes it illegal for him to transfer you beyond a certain distance (with or without anxiety issues).

      Your best bet is to simply apply for unemployment. The worst that can happen is that you're turned down, in which case you are no worse off than if you never applied in the first place.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Agreed. Go ahead and apply, the worst that can happen is you are refused.

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