Hello. I am not sure if I am posting this in the correct section or not. If it's in the wrong place, my apologies, and if someone points that out to me, I'll move it over to the right section. Thanks. This question is about PENNSYLVANIA.
My work wants to offer me a transfer to another store in our chain 52 miles from my home. I do not want to take it. I cannot afford the commute gas wise and childcare wise and it would mean basically no time with my children during the week. I can't afford to actually move. Plus it would mean uprooting my son from school and friends and all of us starting out in a place where we don't know anyone when we are essentially happy where we are. As I started to bring these points up with the regional manager, he just said it wouldn't be for a while and cut the conversation short by telling me to just go away and think about it. I looked it up, and from what I can gather, I cannot be compelled to move more than 50 miles away for a job transfer without volunteering. However this week, my immediate boss told me that the regional manager is coming in again this week to talk to me about a temporary cover, where I would move to a different store to fill in for a lady that needs six weeks off to have a surgery. This has me worried for a number of reasons.
First, the location of the fill in store is almost exactly half way between my current store and the store with the first job transfer mentioned, the permanent one. I am worried that during those six weeks, 'somehow' my current job will 'dissolve' or the person filling in for ME will want to stay, settle in, etc etc. If that happens, I don't want to be 'made to stay on' at the six week transfer place just because that is within 50 miles of where I live. I am also worried that this is 'a stepping stone'. Like, once they have me half way, so to speak, it then makes it harder for me to say no to the 52 mile move because it's now far less than that from where 'I'm currently working'.
Aside from those concerns, I cannot afford the extra gas for the six weeks. And I would need about three hours extra child care every school day (currently I only need it after school, whereas then I would need it before school also), which I cannot afford. Also, I will miss time with my kids during the week even if I could afford those things. Time I am choosing not to miss by existing in my current job that allows me that time. I am certain that the company will offer me mileage for the gas use during those six weeks. However, I know they will not pay for additional childcare. The arrangement I have now is completely affordable to me and amounts to not even one hour after school between the time school finishes and the time I get out. I know that I can apply for a child care benefit because of my overall income, which I may or may not get I don't know, but I don't want to have to do that.
My history with the company is about 18 months. I have been moved quickly up through a few positions, presumably because they were happy with my work ethic and ability. I have never had an unauthorized day off work for any reason. I have never had any warning or disciplinary action. My employee file is clean and good looking.
I fear that these two offers are tied somehow. My questions are:
Am I correct in that I can refuse to be transfered the 52 miles to the new store permanently based on family needs and the fact that I can't afford it?
Can I refuse to take this six week transfer based on the fact that I cannot afford the childcare and don't want to do that to my kids anyway?
If I refuse either and I am fired, do I have a case of unfair dismissal? (I don't mean suing them out of money, I mean compelling them not to fire me for that reason, as in take me back etc)
If I refuse either and I am demoted, do I have a case of unfair treatment?
If I transfer for six weeks, they have to have someone to take over my same position at my current store, so on some level, they 'could' just offer this transfer to my six week replacement instead....
I am just scared. I want to say no. For my kids, for myself, for my finances. But I need this job, and I actually really like this job, and I haven't done anything wrong.
Would somebody be able to explain any answers to those questions that I have, in as much detail as you are able, so I have as much knowledge going in with me to my conversation this week with the regional manager. If you are able to point me out to any wording in any employment laws for the state that is relevant in my case that I could point out if this all goes wrong for me? Or just some general knowledgeable advice on how I can possibly say no without 'unspoken-ly' jeopardizing my job?
Many many many thanks to anyone that responds to me with help, you've no idea how grateful I will be for any and all advice, so thank you in advance x
My work wants to offer me a transfer to another store in our chain 52 miles from my home. I do not want to take it. I cannot afford the commute gas wise and childcare wise and it would mean basically no time with my children during the week. I can't afford to actually move. Plus it would mean uprooting my son from school and friends and all of us starting out in a place where we don't know anyone when we are essentially happy where we are. As I started to bring these points up with the regional manager, he just said it wouldn't be for a while and cut the conversation short by telling me to just go away and think about it. I looked it up, and from what I can gather, I cannot be compelled to move more than 50 miles away for a job transfer without volunteering. However this week, my immediate boss told me that the regional manager is coming in again this week to talk to me about a temporary cover, where I would move to a different store to fill in for a lady that needs six weeks off to have a surgery. This has me worried for a number of reasons.
First, the location of the fill in store is almost exactly half way between my current store and the store with the first job transfer mentioned, the permanent one. I am worried that during those six weeks, 'somehow' my current job will 'dissolve' or the person filling in for ME will want to stay, settle in, etc etc. If that happens, I don't want to be 'made to stay on' at the six week transfer place just because that is within 50 miles of where I live. I am also worried that this is 'a stepping stone'. Like, once they have me half way, so to speak, it then makes it harder for me to say no to the 52 mile move because it's now far less than that from where 'I'm currently working'.
Aside from those concerns, I cannot afford the extra gas for the six weeks. And I would need about three hours extra child care every school day (currently I only need it after school, whereas then I would need it before school also), which I cannot afford. Also, I will miss time with my kids during the week even if I could afford those things. Time I am choosing not to miss by existing in my current job that allows me that time. I am certain that the company will offer me mileage for the gas use during those six weeks. However, I know they will not pay for additional childcare. The arrangement I have now is completely affordable to me and amounts to not even one hour after school between the time school finishes and the time I get out. I know that I can apply for a child care benefit because of my overall income, which I may or may not get I don't know, but I don't want to have to do that.
My history with the company is about 18 months. I have been moved quickly up through a few positions, presumably because they were happy with my work ethic and ability. I have never had an unauthorized day off work for any reason. I have never had any warning or disciplinary action. My employee file is clean and good looking.
I fear that these two offers are tied somehow. My questions are:
Am I correct in that I can refuse to be transfered the 52 miles to the new store permanently based on family needs and the fact that I can't afford it?
Can I refuse to take this six week transfer based on the fact that I cannot afford the childcare and don't want to do that to my kids anyway?
If I refuse either and I am fired, do I have a case of unfair dismissal? (I don't mean suing them out of money, I mean compelling them not to fire me for that reason, as in take me back etc)
If I refuse either and I am demoted, do I have a case of unfair treatment?
If I transfer for six weeks, they have to have someone to take over my same position at my current store, so on some level, they 'could' just offer this transfer to my six week replacement instead....
I am just scared. I want to say no. For my kids, for myself, for my finances. But I need this job, and I actually really like this job, and I haven't done anything wrong.
Would somebody be able to explain any answers to those questions that I have, in as much detail as you are able, so I have as much knowledge going in with me to my conversation this week with the regional manager. If you are able to point me out to any wording in any employment laws for the state that is relevant in my case that I could point out if this all goes wrong for me? Or just some general knowledgeable advice on how I can possibly say no without 'unspoken-ly' jeopardizing my job?
Many many many thanks to anyone that responds to me with help, you've no idea how grateful I will be for any and all advice, so thank you in advance x
