Legal Question in Employment Law in California

travel therapy contract dispute

I am from Ohio and relocated to CA after signing an agreement with an agency (from Indiana)for a speech pathologist position in san bernadino county, CA school district for a 9 month period. The position was to start 8/27/01. After moving across country, I found the postion was not available as promised and the agency wants to offer me an interview for a lower position as a speech aide, which I am overqualified for. This position is much farther away from my CA residence. Can I get out of contract? Are they obligated to buy me out of contract which is 9 month position since they are not providing the position I signed for? I am still not working and need employment. If I find work elsewhere, am I in breech of contract or are they? The agreement was signed while in Ohio. Which state handles this dispute?


Asked on 9/05/01, 4:09 pm

2 Answers from Attorneys
Thomas Pavone Pavone & Cohen

Re: travel therapy contract dispute

Labor Code Section 970 provides a claim against an employer for such conduct. You should seek out a competent employment lawyer to discuss your potential claims.

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Answered on 10/24/01, 7:36 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: travel therapy contract dispute

Thanks for your posting. As someone else mentioned, there is a labor code section that prevents exactly this type of conduct... inducing you to take a job and relocate to California, and then switching jobs or terminating you once you're out here.

California law would apply, since this is where the employment was to be performed. You are entitled to all relocation damages, lost wages, and even attorney's fees.

If you have more detailed questions, or if you'd like legal representation, please email or call me at 714-568-1560. Thanks!

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Answered on 10/25/01, 2:18 am


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