Location: I work from home in California for a company based in Washington DC.
I have never officially been classified as a remote employee, but I’ve been allowed to work from my home for the entirety of my employment (~5y). We recently got new higher-ups who are cracking down on remote work. They want me to work from a satellite office in California (reasonable), but in order to access the CA office I need a badge, and I can only acquire that from the main office in DC.
They want me to pay for my own flight and hotel. I’d also have to take time off to fly, since it’s such a long flight, and I’m assuming they’re making me use vacation for that as well. I figured I’m SOL since I was never officially classified as remote, but my friend who does HR just told me she’s not sure that’s legal.
So I figured I’d ask the experts: is it legal for them to make me pay for the flight and hotel myself, and/or to use my own vacation time? Even if it isn’t, can they fire me for making a fuss about it?
ETA: Yeah, it’s unusual for a badge to need to be issued in person like this, but I was specifically told multiple times that they couldn’t issue me a badge at the CA office or remotely.
Comments
I know you’re asking for legal advice. But I would like to pose one question. How do you want this to end? Do you want to maintain your employment? Because legalities aside if you press this you will most likely be looking for another job. Either you make a bunch of stink they eat the cost and then they look for a way to get rid of you. Or you go the legal route because they wouldn’t work with you and then they can you for that.
Generally speaking, no, employers must cover the expenses associated with necessary work travel, and they must also compensate employees for travel time.
It’s odd that they can’t issue a badge to a remote employee. But that is a them problem, not a you problem.
What industry?
You’re actually paid as a California employee, with California taxes taken out, etc.?
Under California’s Civil Code, they have to reimburse you for all necessary expenses. On the other hand, that’s generally only if it’s for the benefit of the employer.
> (a) An employer shall indemnify his or her employee for all necessary expenditures or losses incurred by the employee in direct consequence of the discharge of his or her duties, or of his or her obedience to the directions of the employer, even though unlawful, unless the employee, at the time of obeying the directions, believed them to be unlawful.
It’s phrased in the law as “his or her duties.” Getting a badge is required for continued employment, but it’s not part of your actual duties.
It’s really strange that you have to physically travel ~3000 miles away to get a badge. You can refer them to the California Civil Code and see what they say.
They can’t fire you for requesting to be reimbursed.
They can fire you for working in California and refusing to move to DC for your job, if they decide to no longer allow for remote work which they can do at any time.