Every employer has the right to regulate all aspects of employment according to its own discretion and judgment. This includes the hiring of employees, work assignments, instructing working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. The only limitations to the exercise of this management prerogative are those imposed by labor laws and the requirements of good faith.
With respect to the transfer of employees, the employer has the prerogative to move them around in order to ascertain where they will function with maximum benefit to the company. While an employee enjoys the right to security of tenure, this does not mean that he has such a vested right in his or her position as would deprive the company of its prerogative to change the employee’s assignment or transfer him or her where he or she will be most useful to the company. However, the transfer should not be unreasonable, nor inconvenient, nor prejudicial to the employee, and it should not involve a demotion in rank or a diminution of his or her salaries, benefits, and other privileges.
The termination of employees will be discussed in further detail below.