Legal Question in Employment Law in Washington
Laid off but offered internal transfer with new hours
My husband was the manager of an office that recently closed. Initially the company offered everyone the option of severence or taking a new job within the company. Now it seems they are forcing everyone to take other positions within the company or forego their severence. Unfortunately, since my husband up to now has worked opposing hours to myself, taking this new job would entail signifigant costs for childcare (right now I work dayshift and he takes care of the baby and he works swing shift while I have the baby). Can we ask that the company consider our new childcare costs when they compare compensation for this new position they are offering him?
1 Answer from Attorneys
Re: Laid off but offered internal transfer with new hours
I am assuming there is no collective bargaining agreement or other written employment contract in place. If there is, then the provisions there would control what your husband's rights are.
To answer the question that you asked, yes, your husband can certainly ask the company to consider your child care needs when assigning a new spot or determining the new rate of pay. You cannot insist upon it, however, and the company is under no obligation to accomodate his child care scheduling requirements (or to subsidize his child care if they cannot accomodate his scheduling.)
Considering the fact that the company appears to be downsizing (since they have closed an office), the HR department might be hard pressed to find places for everyone, and your husband may want to think carefully before making requests that they are likely not in a position to honor. Unfortunately, he is in a tough spot, and his best bet might be to take the job they provide for him, go ahead and pay for the child care for now, and then find another position. It is nearly always easier to find a job when you already have one. If he does not think he could find another job that will accomodate his schedule, or that will pay him enough to cover the additional child care costs, then that is all the more reason why he cannot afford to insist on accomodation from this employer.
I'm sorry I don't have better news for you. It sounds like a tough economic spot, because I know good childcare is not cheap.