Q: Can my company stop me from moving?
I work remotely in healthcare. My company is based out of New York. I informed HR that I plan on moving outside of the state. I received a list of states which did not include the state that I intend to move to. In our remote worker agreement, it does say that we have to get permission from HR, but it does not state specific states that we can or cannot move .Do they have the ability to tell me that I can’t go to certain states? Additionally, it’s well known that there is one member of our team that works out of Canada, but I would rather not bring that point to the table unless absolutely necessary.
A:
I'm so sorry you're having this problem with your employer - moving is hard enough without the stress of employer pressures! From a straight contract law perspective, it's going to come down to what you agreed to in your employment contract. From your description, it seems like you agreed to allowing them to dictate which state you could move to by requiring company's agent (HR) permission first. The company could argue that they didn't include a set list of states in your contract because the states they operate in changes from time to time. They could also argue that you could've asked for such a list prior to signing the contract.
In short, your company has the discretion as to whether to allow you to move to your state of choice in this instance (again, from a contract law perspective). Absent some employment law that protects you, the company could take action if you were to breach the terms of the contract by moving to and working from a state that they did not grant permission.
However, most companies look to retain employees. I suggest writing a formal letter to your employer requesting a variance / adding the state to the list. Be certain to include points that put you in the best light possible including tenure, any awards / commendations you've received as well as your enthusiasm to continue contributing to the company's success. Good luck!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
