Legal Question in Employment Law in California
I am seeking legal advice on laws around Employers performing lay offs/positions being eliminated. I have found myself in a rather unusual situation. I have been employed at my current job for over 10 years. I have been made aware that they plan on eliminating my current position to replace it with a position I had several years ago. I was told this information approximately 2 weeks ago by my boss. He/she has been trying to seek ways to keep me here since he feels I truly add value to the department. My current boss has been here for less than a year, but he/she has had no such luck convincing the VP of the need to keep me here since he/she is the one who wants me relieved of my duties. Over the past couple of years we have had a high number of turn around on employement since the new rein of management. They have been weeding out personnel that has been here to replace them with there own team members from there past job together. I understand this is not abnormal, but positions have been fillied with the same duties, but with a slightly different title to cover themselves. Such as "Directors" being titled "Senior Associate Directors" and in one case a "Lead" replaced with a "Lead". I have held several different positions here within the company from entry level to management positions. I have had steady growth within the company and have worked extensive hours on a daily basis to make sure our schedules attainment is achieved. My boss over the past weeks has suggested to the VP to allow me to step down as the Supervisor, but the VP has responded to this in a very negative fashion and has simply made a decision. I was also told today that they are starting the interview process for the Supervisory position, and my boss may want to extend my employment for another week. I do not know how extensive or how much more detail is required, but I can supply whatever further information is required. Please let me know if this is something I should persue, or seek further advice on.
Thank you
1 Answer from Attorneys
I am sorry you are having to go through this, as the potential of losing a job you've had for over 10 years is certainly a traumatic event. It makes even less sense when you have been performing well.
Unfortunately, most jobs are terminable at the will of either the employer and employee, which means either party to an employment relationship can end that relationship any time they want to, for any reason unless the motivating reason is an unlawful one. So, without at contract limiting the ability of the employer to lay you off, the only question is whether the employer is targeting certain employees for layoff for unlawful reasons, whether it is because of their age, race, national origin, gender, handicap, or any number of other characteristics that cannot be considered when making employment decisions.
If you believe there is more to this than what you have posted, you should consult with an employment law attorney to review all of the facts. You may not be able to convince the employer to keep you but you might be able to negotiate a more beneficial severance package than what they are likely to offer you.
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