California Employment Law
California Employment Law Questions Answered by Legal Experts
Have you offered to take the redundancy package? If they've offered to put you on special projects, maybe there is some room to negotiate a separation that works you you and them. It doesn't sound like you'd be "redundant" if they are putting you on "special projects." You'd only be redundant if the two of you were in Brussels. I could be wrong (would need to study your company policy before I could comment intelligently on that), but for now, it sounds like taking what they give you and negotiating a fair separation package may be a good approach. Does that help?
It looks like you're offline, so I'll switch to the Q & A format. You can reply to me from there if you want to follow-up.
Hi . I thought that when you were employed in a role eg. Head of Finance, if they then appoint someone into that exact role, this would be a forced retrenchment of the incumbent, or at a minimum it is illegal as they would need to terminate me first for cause etc (which given my exceptional performance would not be warranted)?
In addition by virtue of the fact they have moved my position to another country I thought the way employment law worked is that if my role moves they can't force me to move thus again they should offer a redundancy package.
Also just to be clear they haven't offered a "redundancy package", they've offered just to relocate me, that's all. that's the offer. I'm trying to understand my legal rights as to whether I can force them to give me one of their standard redundancy packages becuase they have put someone else in my role (I dont really want to negotiate but rather to know that it is my right?) Thank you
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