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

I was hired to work 100% remotely from home. Now all my work assignments are far from where I live. I am tasked with traveling by plane, long days and working far from home. I talked to HR and they said it would be minor field work maybe 5% of the time, but my manager keeps saying it’s 60% of the time. I want to know if the company can do a bait and switch like this? If I quit, am I eligible for unemployment?

I think we have a failure to communicate here. (The first person to write which movie this line is from will get a free synopsis.)

Whether this is a lure, a misunderstanding, or a change in role due to business circumstances is not really a legal question.

Even if the role started as completely remote and the company changed scope, they have the right to do so.

However, you also have rights.

If your working conditions have changed significantly – and going 100% from home to living out of a suitcase and earning frequent flyer miles is certainly a significant change – then you can claim “constructive discharge”.

You will receive any severance pay that the company would have paid if you were fired, and you will also receive unemployment benefits.

Without arguing, have a professional conversation with HR and explain that this is not what you signed up for.

Develop a transition plan that allows you to receive uncontested unemployment benefits and either severance pay 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. It will cost me a lot of money. Can I ask for a raise?

Undoubtedly.

You were hired and agreed to compensation based on the fact that you would not have to commute.

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

It is quite legitimate to raise this issue.

Now, your employer doesn’t have to make adjustments, but if they value you and are smart, they’ll be part of the conversation.

Gregory Giangrande has more than 25 years of experience as a Chief Human Resources Executive. Listen to Greg Wed. at 9:35 a.m. on iHeartRadio 710 WOR with Len Berman and Michael Riddell. Email: GoToGreg@NYPost.com. Follow at: GoToGreg.com and on Twitter: @GregGiangrande

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