Legal Question in Employment Law in California
Do I have ground for Lawsuit
I worked for a large company. In feb of this year I have asked my boss that I would like to work from Florida location remotely do my job by log into the network. He said that this doesnt seems to be a problem as many employees work remotely and within our group some guy is already working from Newyork and in other group there are many working from other location. He said that he will look into it and we will disucess in our second meeting. Week later we had our second meeting and he said that it seems ok to him as long as i work from fortlauderdale or miami office location.
After that conversation I went to FL and picked a house and put a contract to close the house in 45 days. When i came back we had our weekly meeting and he told me that what we have discussed is not going to work and that is for only Exceptional employees and he shocked me with that.It that point it was to late, I had a contract on the house to close in 45 days and boss have back paddled on me. I have closed the house moved my family and kids to fl. Now they are not letting me move to fl. There is more to this but cant go over 1250 characters...
What should I do in this situation?
Do I have grounds to take legal action?
2 Answers from Attorneys
Re: Do I have ground for Lawsuit
Wow, that's pretty awful. Their actions are illegal under CA law -- See California Labor Code Section 970 -- which allows for double damages to an employee who moved his place of employment based on misrepresentations -- you should gather all evidence you have -- emails, etc. regarding this conversation with your boss, so that you can prove it later. If you don't have anything in writing from the company, you may be able to create that record before filing suit. Feel free to respond to my email if you have any other questions. Good luck.
Re: Do I have ground for Lawsuit
IF you can show there was an actual agreement for you to change duties and move, then you probably have grounds to complain and take action. If you made assumptios and acted prematurely without advising them you were going to do so, you have a problem not of their making. Provable facts will be critical to this. It may still be possible to work this out, and that is clearly your best plan. Lawsuit is last choice option for a lot of reasons. Contact me if you need to have counsel help you try to negotiate this, or to file action if the facts justify it.
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