Legal Question in Employment Law in California

Hiring under false pretenses

My previous employer (ABC) is in the process of outsourcing IT application development to XYZ (my current employer). As part of this process I was given the opportunity to choose to accept a position with XYZ or get laid off and receive 7 months of severance. At the time I worked a part-time schedule (32 hours week) with flexible work arrangement (only 3 days in the office.) I accepted the position with XYZ with the understanding that I could continue this flexible work schedule. The HR rep told us that flexible work schedules could continue as long as the client (i.e. ABC) was ok with it. We are just now going through the Knowledge Transfer process with XYZ. In October they will take full responsibility of the application I support. At that time they are asking that I work 4 days in the office and won't allow me to continue my flexible work arrangement. ABC is still ok with it. I would not have accepted the position if I had known this up front. I don't have anything in writing as to what was said, but I do have a few people who understood the same. Do I have any recourse to collect my severance if I don't accept these terms? If XYZ lays me off within 2 years of my hiring, they have to pay my severance from ABC.


Asked on 6/03/09, 5:42 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Hiring under false pretenses

Probably not. Employers are free any time to change the duties, hours, terms, pay, etc. You can leave if you like, but once you reject the severance package at the old company, you're on your own at the new company as a new employee. You could try to negotiate to have the old or new company offer you the package again, but I wouldn't count on that happening, unless your attorney was able to convince them they are responsible for something either company did wrong. If you want to try, feel free to contact me for the legal help you'll need.

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Answered on 6/04/09, 4:58 pm


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