I was lied to about my job being remote — can I quit and get unemployment?



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I was hired for a 100% remote work-from-home position. Now, all of my work assignments are far from where I live. I am being tasked with airplane travel, long days and work far from home. I spoke to HR and they said this would be minor fieldwork maybe 5% of the time but my manager keeps saying it’s as much as 60% of the time. I want to know if a company can do a bait and switch like this? If I resign, am I eligible for unemployment?

I think what we got here is failure to communicate. (First person to write in which movie that line is from gets a free resume review.)

Whether or not this is a bait and switch, miscommunication, or change in role due to business circumstances is not really a legal matter.

Even if the role started out as fully remote and the company changed the scope, they have a right to do that.

However, you have rights too.

If the terms and conditions of your job are materially changed — and 100% work-from-home to living out of a suitcase and racking up frequent flyer miles certainly is a material change — then you could claim “constructive discharge.”

You would receive any severance the company would have paid if they laid you off, and receive unemployment too.

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Without being contentious, have a professional conversation with HR and explain that this isn’t what you signed up for.

Work out a transition plan that will enable you to receive unemployment uncontested, and either severance or wages in lieu of notice so both parties can move on.

My employer hired me to work remotely and now they want me to come into the office. That will cost me a lot of money. Is it OK to ask for a raise?

Absolutely.

You were hired and agreed to compensation based on the expectation that you wouldn’t have to commute.

And now that you have to commute, buy a work wardrobe and probably pay for lunch, your conditions of employment have changed.

It’s perfectly legitimate to raise this issue.

Now, your employer is under no obligation to make an adjustment, but if they value you and are reasonable they will engage in a conversation.

Gregory Giangrande has over 25 years of experience as a chief human resources executive. Hear Greg Wed. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riedel. Email: GoToGreg@NYPost.com. Follow: GoToGreg.com and on Twitter: @GregGiangrande



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