If I’m currently position is being eliminated, can I decline the new position and say it’s not a good fit and force them to lay me off?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If I’m currently position is being eliminated, can I decline the new position and say it’s not a good fit and force them to lay me off?

My position is going away and a new function is being formed with new job titles. My company wants to fit me into one of the new roles, however I want to get laid off and get a package.

Asked on January 29, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) No, you can't decline the new position, unless you had a written employment contract defining your position. Without a contract, you are an "employee at will", and one consequence of that is that your emloyer may transfer you to different positions or jobs, and define your duties and title, at will; your job is whatever they say it is, and they don't need to take your wishes or opinion into account. If yiu decline the position, that will be treated as a resignation (so no unemployment, for example).
2) The law does not require severance or layoff packages; it is voluntary for a company to offer one. Being voluntary, they can define the eligibility rules, or who gets it, and refuse it to people who decline new positions.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption