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
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 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.
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.