Legal Question in Employment Law in California
My company says my position is being moved from California to Washington state and that if I don't accept to relocate then it is voluntary resignation and not a layoff or termination of employment. I have worked 13+ years with the company and would prefer to be laid off with a severance package. Also they gave me a week to make my decision. Can they force me to resign? Shouldn't they just lay me off?
2 Answers from Attorneys
What you prefer is not determinative. There is no right to severance, and if you are an at will employee they can simply lay you off or terminate you if you refuse the move. They can't "force you to resign", but you can refuse the move. It is likely that EDD would grant you unemployment benefits under the conditions you describe, no matter whether the company says it was 'resignation' or not. The facts are clear.
You should chose wisely, considering the security of the new job, versus trying to find another in uncertain times.
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