Legal Question in Employment Law in California
My rights during a layoff
I was told yesterday that I was being laid-off due to restructuring pains. I am a sales manager and of late have found many small questions about key accounts. Two in particular are all but finalized and set to bring over 3.1 million dollars to the company. I have worked on these accounts for over a year under the good-will notion that I would reap the benefits of my labor and now that the deals are set, I am being pushed out the door. Is there anything that I can do? Are there any precedents on this type of situation?
2 Answers from Attorneys
Re: My rights during a layoff
This partially depends -- the crucial question is whether or not you are paid on a commission basis (or partial commission). If you are, then the case law says that you cannot be fired to deny you a commission on amounts that were about to come due.
Good luck.
Re: My rights during a layoff
Unless they made some specific promise to you re those accounts you are screwed.