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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27998
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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If you are offered a job in which it was verbally told to you

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If you are offered a job in which it was verbally told to you that is would be local work that should last about 3 to 4 yrs. Then within 4 months pull you off that job and put you on air travel to whatever city they need to fill position. Do I have a wrongful misrepresenantion of position offered? I left a 7 yr job to take the 3 to 4 yr offer under the guise that there will be more local work with (HP) after this long term project ends (IT Field) in my area (Sacramento, CA). 4 mos later I am told that they need my skills at other projects around the US and have been living out of suitcase since. I did not want to travel as I have a special needs child at home. The stress of travel is affecting my health as well (I'm 55). Do I have any legal standing? I have never quit a job and find they did the old bait & switch to get a body to fill a IT position.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  LawTalk replied 3 years ago.
Good morning,

I'm very sorry to hear of your dilemma.

As you state that the job offer was initially a verbal offer, I will further presume that you do not have a written employment contract guaranteeing you the specifics that you were initially told the job would be comprised of. Unless you have a written contract of employment with your employer, you are considered an employee-at-will. This means that there is likely little protection afforded you relating to unreasonable supervisors/bosses, as well as the typical workplace politics and drama which can be so troublesome.


In California, employees are presumed to be "at will." At-will employees may be terminated for any reason—at any time, even a mistaken reason, they can have their hours or pay decreased and they can suffer a cut in their benefits or they may have their general job assignments changed, so long as it's not illegal or unlawfully discriminatory. Generally, employees who work under an employment contract can only be terminated for reasons specified in the contract. In your state, an employment relationship is at-will unless there is a defined duration for the employment contract or if the contract permits termination by the employer only under specified circumstances.

Unlawful discrimination would include an employer discriminating based upon a person’s Ethnicity, Color, Religion, National Origin, Gender or Disability.

While you do not appear to have any legal redress as regards XXXXX XXXXX change, if the change is recent, and based upon the drastic changes that have occurred, you almost certainly would qualify for unemployment benefits if you were to resign your position based on the recent drastic changes----because you resignation would be considered to be justified.

Justification in quitting your job which might be persuasive to an Unemployment Insurance Appeals panel would include:

  1. Sexual or other harassment
  2. Needing to move with a spouse or dependent child to another place of residence
  3. Discrimination (Ethnicity, Color, Religion, National Origin, Age, Sex and Disability)
  4. Working conditions that endanger your health or safety
  5. Major changes in the terms and conditions of your job affecting wages or salary
  6. Excessive overtime or an employer’s refusal to pay for overtime work
  7. Major changes in work duties
  8. Difficult relations with a supervisor, for which you are not primarily responsible
  9. Your employer is doing things which break the law
  10. Pressure from your employer or fellow workers to quit your job
I wish you the best in 2011.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation, nor was it what I sense you were hoping to hear. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.


Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Attorney
Satisfied Customers: 27998
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and other California Employment Law Specialists are ready to help you

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