Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?

Question

Initially I was told I could work remote. Between the time that I was told this and the time I had a set move date, the employer put me on probation.  Now two weeks out from my move, which falls a week before the end of the probation period, the employer tells me I cannot work remote for other reasons not listed on the probation paperwork.  They also expect me to submit a letter of resignation.  I did not and am not resigning.  I am moving due to financial hardship and am being terminated because of it. I did not get the initial approval in writing.

Neil Pedersen · Answer

If the work from home was part of a reasonable accommodation of a disabling condition, the answer might be quite different.  If not, then as an at will employee your employer can change the terms and conditions of your employment at any time and for any reason or even for no reason at all.  That means the employer can change the place where you have to be located at any time. 
 
If the work from home agreement related to an accommodation for a disabling condition, far more needs to be know to answer your question and it would be wise for you to seek out a specific confidential consultation with an experienced employment law attorney.  
 
As to resigning, unless you have concerns about having a termination on your employment record, it would be a mistake to resign, especially if the work from home issue relates to a reasonable accommodation. 
 
Good luck to you.

James L. Arrasmith · Answer

It sounds like you're in a tough situation. While it’s frustrating that your employer initially agreed to remote work and then changed their mind, without anything in writing, it may be difficult to prove that the agreement was made. However, your employer cannot force you to resign, and if you don’t wish to resign, you have the right to wait for them to take formal action. If they choose to terminate you, it could be important to document the reasons for your move and any communications you've had about remote work. 
 
Additionally, it’s worth considering if the probation period and the decision not to allow remote work are connected. If they’re citing reasons not listed on the probation paperwork or treating you unfairly, you might want to look into whether there are any protections or potential violations of labor laws in this situation. 
 
You don’t have to resign if you don’t want to, and it may be wise to explore your legal options before taking any further steps. Document everything, including why you’re moving and the employer’s change in stance, as it may help you if you need to challenge a wrongful termination claim.

Q: Employer initially said I could work remote but has changed their mind two weeks out from my move. Do I have to resign?