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employment law and implied contract for at-will employees

Sent to Employment Law Experts May 26 03:11 PM

Is there an implied contract between long time employees and their employees in an at-will employment law state? I have worked 18 years for this employer and two years ago was given permission to telecommute in order to work from home in another city (permanent). My wife had accepted a job in this new city and I joined her after I had sold our home in the city where our home office is. I paid our own relocation related costs since this was a move I had requested.

My employer has 40+ employees working out of the home office, some telecommute from their homes like myself.

After moving to the new city, we bought a home 13 months ago. I have been told that my company's unwritten policy regarding telecommuting is changing. The real estate market is soft in the new city and is hot in the home office city. I stand to lose at least $40-50 k if I return. My company will probably not help with relocation. If I refuse I will probably be terminated. Do I have any legal recourse?

 

Optional Information:
Albuquerque, New Mexico

Already Tried:
Nothing, I found out about the problem yesterday.

Customer (name blocked for privacy)
Status:  Closed   Value: $15
Info Request
May 26 3:17 PM (5 minutes and 28 seconds later)
         
REPLIED to Info RequestCheck Mark
Were you ever given a written or verbal promise that you would be able to continue telecommuting indefinitely?

Was there any policy that would imply that once approved for telecommuting, that there would be no revocation of this right?

Are all other employees who telecommute also being told that this is changing - or only you?

Edited by BusinessDoc on May 26 2008 at 3:18 PM
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BusinessDoc -- Consultant -- 100% Positive Feedback on 1030 Employment Law Accepts
MBA, Physician, MRO, Consulting & teaching in business and HR management issues
Reply
May 26 4:44 PM (1 hour and 27 minutes and 49 seconds later)
         
Reply to BusinessDoc's Post: When I was given permission to telecommute, nothing was ever communicated to me that it may be temporary. If I had suspected it was temporary, I would not have sold my old home and bought a new one. My company was aware of my home sale and purchase.

There is no policy regarding telecommuting in our employee handbook. It was an "unwritten policy" used on a case-by-case basis.

I don't know of any others who are affected by the change in policy, I will need to check this week to find out for certain.
Customer (name blocked for privacy)
Answer
May 26 5:13 PM (28 minutes and 40 seconds later)
         
ACCEPTEDCheck Mark
Based on the limited information that you have provided, I am not convinced that you have enough to support a suit against the employer forcing them to continue to allow you to telecommute.

Without a union contract or employment contract - you are considered an at will employee. The fact that several years ago they were comfortable with your working from home, does not commit them to permanently allow you to work from home.

If you are the only telecommuter who is being told that they can no longer continue with this arrangement - you may have grounds for a discrimination complaint if you can show that the decision is based on illegal discrimination (race, religion, sex, national origin, age etc).

Based on the fact that you are in a very difficult financial situation - you may want to sit down with an employment attorney to see if you can negotiate an agreement or find some grounds to file a civil suit.

Please click "ACCEPT" if I answered your question to your satisfaction so that I may get credit for my work.

If you AREN'T satisfied, please ask for clarification or more information.
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BusinessDoc -- Consultant -- 100% Positive Feedback on 1030 Employment Law Accepts
MBA, Physician, MRO, Consulting & teaching in business and HR management issues
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