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Oregon frequently arbitrarily transferring an employee

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  • Oregon frequently arbitrarily transferring an employee

    My question pertains to a scenario where an individual is being frequently transferred within an agency to various locations and fullfilling roles outside of their initial purpose for hire on with the agency. This individual started out providing case management in a scoial service setting and has been transferred to unassociated roles several times since this initial position to locations that have required a substantial increase in fuel costs, childcare related difficulties, and varying worl schedules. Question, is this agency within their legal rights to place an employee in this situation to avoid placing them on lay off status which would require them to allow this individual access to unempployment benefits? Does this individual have any recourse other than resigning and not recieving unemployment benefits? ANy suggestions, comments, and/or feedback?
    Thank you for your time and attention to this question-

  • #2
    Barring a bona fide contract that specifies otherwise, the employer may transfer the employee as many times and to whatever duties the employer chooses to. The employee has the right to find other employment if she is unhappy with the situation.
    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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