Ask a Lawyer - Archive

I've been telecommuting for a year and live within 100 miles of my company office. I want to move across the country where I'll be 3,000 miles from the office. Does my employer have the legal right to dictate where or how far I live from the office? I'm the first employee to telecommute and it began as a medical necessity. I still have the medical reason for telecommuting, but need to be closer to my family.

In the absence of statutory protection of some sort (e.g., prohibitions against discrimination, wage and hour laws), or an agreement or a policy to the contrary with your employer, the terms and conditions of employment are largely within the employer's discretion and control. Insofar as telecommuting is concerned, and subject to the above caveats, I am not aware of any basis for an employee having the right to telecommute. So, I would guess that your employer has the right to dictate the terms of when and how you are allowed to telecommute. If you cannot comply with these terms, and assuming you are an "at will" employee, the employer could simply decide to terminate your employment.

You do mention, though, that you are telecommuting because of a medical condition. It may be that there would be an argument to be made that you have a disability and that the Americans with Disabilities Act requires your employer to make reasonable accommodations to address your disability. It would then be a question of whether or not it is a reasonable accommodation to allow you to move 3,000 miles away to address your disability.