Legal Question in Employment Law in California
Right to cliam unemployment or compensation
I bid (which is standard business process) for a transfer to another department. I was then ''excommunicated'' from my current department (documented email). Later I was approached by a Sr Director for a position on the same project but within the division I was originally apart of. I spoke with him about my interest in moving to Portland Oregon and commuting 3 days (written proposal). He said he was ok with the Portland plan (company policy states it is manager�s choice). A week or so after that he confirmed to me the job transfer and said my old management was ok with everything. So at this point I see an email from my current boss that says I ''will be transitioned out of the group...'' and I got confirmation from my ''new'' manager that everything was underway, transition was authorized. Since then I have sold my house, my wife quit her job and we are planning our move next week (following the timeline of the proposal). The catch is, I find out the transfer is canceled. What now? What happens if my old manager expects me here 5 days? What happens if they fire me because of my location? Can I get unemployment? What if I quit because I do not want to pay for the air ticket out of my pocket? What are my choices?
1 Answer from Attorneys
Re: Right to cliam unemployment or compensation
This is one of those situations that cannot be answered by e-mail because there is much more information that must be obtained before advise can be given. Some general concepts may be applicable, however.
If you were fraudulently induced to relocate, the employer may be liable for damages. But you must be able to show that the employer knew, or reasonably should have known, at the time the promise of transfer was made to you, that it would not have materialized. If the transfer was withdrawn for legitimate or unforseeable reasons, you have no claim against them.
Contractual issues and company policies must be looked at also. Improper motives must be explored.
You should not quit until you have your case reviewed by an attorney experienced in labor law. As a general rule, employees who voluntarily quit their job cannot collect unemployment, unless done so for good cause. Good cause is fact specific and there are certain legal precedents that EDD follows, so you must know how to handle your employment situation before quitting.
Time is of the essence so contact a California labor lawyer in the area you moved from as soon as possible.
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