Legal Question in Employment Law in California
Am I being laid off unfairly or illegally?
I was offered a position by my 5yr company (on-site apt. mgr) to pick up and move to a new community to manage on-site as a single woman. I was verbally promised by the V.P. ''you will have guaranteed job by accepting our offer to transfer you.'' Now 3 months later they are laying me off ''not due to my work performance which is good, but that they decided to get a couple to run the community instead of a single person'' and that ''they are saving money hiring the couple''. I would never have moved from my 5yr home if our V.P.hadn't specifically promised permanence as that was the ONLY reason I was willing to leave my perfectly good home. My company is now holding my hostage by laying me off but saying I must work and train the new couple or they will not pay my unemployment and they will cancel my health insurance which they know that I need because I take 4 different types of medications.
3 Answers from Attorneys
Re: Am I being laid off unfairly or illegally?
That sounds horrible -- there is a law in California that allows for double damages if an employer induces you to move your home based on false promises. Feel free to contact me at my private email with more information. Good luck.
Re: Am I being laid off unfairly or illegally?
There is a law in California that says it is illegal to induce someone to move their residence by misrepresenting the terms of employment. These are not easy cases to prove, especially if the guarantee you state was verbal and the V.P. denies he said that. And the statement must be false at the time it was made. But the allegation may be enough to convince the employer to be fair with you, especially if contacted by an employment law attorney.
The employer doesn't pay you unemployment nor does it decide whether you are entitled to benefits. You lost your job through no fault of your own, so you should be determined to be eligible by EDD.
You should consult with an employment law attorney in your area to obtain assistance with negotiating some severance and medical coverage for a reasonable period of time.
Also, ask your employer if you are eligible for COBRA and, if so, how much will it cost.
Re: Am I being laid off unfairly or illegally?
You have a claim of fraudulent inducement to move, and breach of contract. It should be possible for counsel to 'educate' them and get a reasonable settlement for you, on threat of litigation with potential for general damages. Juries would not like this defendant. Feel free to contact if you want help in this.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
