Legal Question in Employment Law in California

Trying to figure out my rights
I worked for a large company for 10 years and have had excellent reviews each year. The other day, my boss told me that they are reorganizing and my position is not needed anymore. He offered me a position that I am not qualified for. So, in my mind, I have no choice but to try to find another position inside the company. Our HR department says I am not being laid off since my boss offered me a different position. I said 'that is splitting hairs since I am not qualified for the other position and my current job is gone'. The HR dept. said that I would be given 30 days to find another position if I were laid off but I think they are making it appear as if I am choosing to resign since I'm not taking the job they offered. I am just trying to figure out if my situation should be viewed as a lay off or resignation. I am fine with them wanting me to move on...I would just like the 30 days to find something else inside the company. Thank you!

Asked on 9/07/08, 12:46 am

Terry A. Nelson Nelson & Lawless

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Re: Trying to figure out my rights

If you refuse an offered position, you are resigning. As far as unemployment is concerned, you will likely not get benefits if you do so.

Answered on 9/08/08, 2:38 pm

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