Legal Question in Employment Law in California
My huband worked for a large FInnish company for six and a half years. They transferred him from NY to California in September 09 and agreed to relocate my son and I in June when the school year was over. They then laid my husbnd off in early March, reneged on relocating my son and I to California where my husband was living and a resident. They then advertised his job less than 6 months later. They also insisted he sign papers saying he would not sue them or they would not give him any severence. Do we have an legal recourse? Isn't there a law in California that an employer cannot advertise a job you were laid off from until after 6 months?
1 Answer from Attorneys
No, there is no such law. However, there is a law that says employers cannot make false statements to induce an employees to relocate from one state to another. If it can be proven that this employer never intended to keep its promises to your husband, he may have had a claim. But if he signed a release to receive severance, any claims most likely have been waived. He signed a contract. Such contracts are typically binding, unless he can prove fraud or duress.
If your husband wants to have this matter reviewed more carefully, he should schedule some time with an experienced employment law attorney to review the release he signed and assess the facts of the case.
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