Legal Question in Employment Law in California
I have a severance package with my job, but they do not want to pay it.
They called me in, told me they want to keep me, but that my position is moving from San Francisco to LA. I respectfully declined and said I could not move my family there.
LA is at least a five hour drive, and therefore not commutable. My offer letter does state that the position is in SF.
The company's stance is that I am electing leave, since they've offered me conti used employment. My stance is that I agreed to work for the given my current title and agreed upon location. It's hard for me to imagine that they could just name any city, ask me to move there, and I would be forfeiting my severance if I decline the new location? Do I have a case here?
2 Answers from Attorneys
I would have to review the exact terms of your severance package, but unless your employer was very foolish, it would not kick in unless they actually fire you without cause. Absent a no-relocation clause, if the company moves your job and you refuse to go, you are considered to have quit.
There is no requirement for companies to pay severance pay UNLESS the company has a policy or practice of doing so. It appears that your employer has a policy of paying severance pay. The first step is to have an attorney read and analyze the policy or "package" and any written agreement you may have. If they won't pay it, it may be possible to negotiate some payment of severance or the full severance. It is worth your time to contact an attorney and pay a small amount to help you get what you want.
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