Legal Question in Employment Law in California

Why was I singled out?

I am a 20 + year employee of a company that has resently been bought out by a larger company, lots of restructering, lay-offs etc. My boss was aware of the fact that I wanted a severance package if she needed to layoff an employee.(10 months salary + unemployment). Lay-off day came, lots of lay-offs. My boss informed me that inorder not to have to lay-off another idividual, that she had made arrangements to transfer me to our divisions Quality Control Dept. This is a position that I do not want. It requires weekend overtime and I also consider it a demotion. I have gotten very good reviews over the years, have caused no problems in the company, etc. i went to our companies H.R., and received no response. My questions are:

1. Why wasn't the person that was originally named for lay-off transferred into Q.C.?

2. Why can't I have my package?

3. Can they fire me for refusing to work weekends,this was not discussed with me,

prior to my transfer?

4. And if so, can I collect unemployment?

5. I was the only female technician in our dept., why was I singled-out? Did I get too old?


Asked on 8/06/00, 11:28 am

1 Answer from Attorneys
Paul Crost Reich, Adell, Crost & Cvitan

Re: Why was I singled out?

If you can establish that what happened to you was the result of age or gender discrimination, you may have a claim. Given your length of employment with the Company, you may have a claim that it is trying to avoid a severance package by giving you an assignment it knows would be unacceptable in the hope that you will quit. If you refuse to work weekends, you can be fired and your entitlement to unemployment may depend on why you were unable to work.

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Answered on 9/13/00, 8:57 pm


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