When an employee has been offered to move to a new location or you will be laid off and the employee chooses the lay off, can the employer back out of the original offer

Due to the fact that my office is closing, I was offered the same position in
another location of the company or take a lay off. I chose the lay off and now
they have decided to keep me in a different department of the office with no
other staff from my department. I want to request that they honor my request for
the lay off. Do I have a legal stance in this matter?

Asked on May 31, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, you can't compel them to honor the layoff (you can ask, of course; but you can't make them do this). The employer, not the employee, has free right to change an employee's job duties, department, coworkers, etc., and also whether to lay someone off or not. Your employer has the right to decide to transfer you to a different department instead of laying you off, and since it is their choice, not yours, you can't compel them to honor the lay off.

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