- October 15, 2021
- Posted by: Nicholas Fitch
Here`s the key – if you take this job, you`d better be willing to move where they tell you – and not complain. This could mean leaving family and friends behind. If you have a wife and children – make sure they are good with her and 110% on board. If they let you sign a mobility agreement, it means they`ll be moving you at some point and it`s likely going to a place you may not be happy with (including the cost range like DC). The right of an organization to force a move and dismiss employees who refuse to move has been enshrined in case law since 1980. If the employee is not covered by a mobility agreement, the agency must demonstrate the burden of the move for legitimate management reasons that would promote the effectiveness of the service and adequately notify employees. If the agency can shoulder this burden and the employee cannot prove that the reason is a pretext, the Merit Systems Protection Board (MSPB) will generally maintain the distance. If the employee is covered by a mobility contract, the distance is even easier for the agency to defend. Workers considering positions subject to mobility agreements should be aware that any failure to accept geographical redistribution may result in distance without recourse. Source: I work for the government and we have mobility agreements. The complainant, Gallegos, was a GS-13 criminal investigator. As a condition of her employment, Gallegos had to issue a mobility agreement in which she acknowledged that any non-acceptance of a geographical transfer could make her dependent on separation from the federal service. In 2012, the gallegos agency informed of an impeded transfer from Florida to Virginia.
She refused the transfer and the agency dismissed her on charges of “non-compliance with a condition of employment.” Without going into the merits of this or any other proposal, the idea of a targeted redistribution to the different suburban areas deserves to be discussed. Can the government force you to move or risk losing your job? Do they have to seek congressional approval? Do you need a mobility contract? What options do employees have if their workplace moves but they don`t want to follow? One question I have received on this subject concerns mobility agreements. Some workers are required to sign mobility agreements as a condition of employment. If the employee refuses to move, he may be dismissed because he does not meet a condition of employment. This leads to the misconception that only employees with mobility agreements can be condemned to move. Other employees may also be ordered to move. The Merit Systems Protection Board held MSPB 53 (July 17, 2014), that the complainant`s expulsion for non-compliance with a condition of employment was appropriate if the complainant, although subject to a mobility requirement, refused a targeted move […].