How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joseph Your Own Question

Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4975
Experience:  Extensive experience representing employees and management
54899578
Type Your California Employment Law Question Here...
Joseph is online now
A new question is answered every 9 seconds

I am a senior executive and my company will relocate my position

Customer Question

I am a senior executive and my company will relocate my position "some time" in 2013 to Belgium (they have been vague, at times broadly referring to July 2013). I currently live and am employed in the State of California (Long Beach), we do not have employment contracts at the company. I have a green card (and am originally from Australia) and have been with the company for 10 years. I do not want to relocate to Belgium and have said this to them. Instead I said I would leave the company and relocate to my home country (Australia). I have told them I am looking for a job over in Australia (so as to be helpful for them to start working on a replacement) but want to stay at least till the end of the year. They have quickly identified someone for my role in Belgium (much quicker than I expected) and want to put him in the role now and announce it. They have offered to put me on special projects through the end of the year and then relocate me. However I will miss out on my bonus and normally when someone is redundant they get 12 weeks pay + 2 weeks per year of service (which is worth more than the relocation).
I feel I am entitled to redundancy if they appoint someone now prior to me officially leaving.
My question is do you think I am entitled to the redundancy package?
Does my saying to them that I don't want to go to Brussels but instead want return to Australia give them the right to appoint someone while I am in the role?
If they appoint the person now, can I say I want the redundancy now and thus not work through the end of the year on the special projects?
Thank you
Submitted: 2 years ago.
Category: California Employment Law
Expert:  DrewMSJD replied 2 years ago.

DrewMSJD :

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?

DrewMSJD :

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.

Expert:  DrewMSJD replied 2 years ago.
What Happens Now?

Your chat has ended, but you can still work with your Expert to get an answer to your question if you have not yet received one.

Come back to this page at any time to see additional information from your Expert. You will also receive an email when your question is updated. If you want to send a message to your Expert, use the box below.

If you have already received a satisfactory answer to your question, click the Accept button above. Experts are credited for each accepted answer they provide.
Customer: replied 2 years ago.

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

Expert:  DrewMSJD replied 2 years ago.
To be honest, I'd need to research the theory you're describing to answer with the level of specificity you're looking for, but it sounds like you need an attorney with California (executive) employment law experience. Sure, it will cost you a bit, but having an attorney should pay in the end given what's at stake for you.

What I can say is that it can be hard to prove "redundancy" of your position if they are offering you another position at the same (or higher) rate of pay. That said, a claim a constructive termination may have merit, particularly since they hired a replacement. However, an unwillingness to relocate, may be justification for them to find someone else to take that particular job. Whether or not you have a good legal case, I'd recommend finding a local attorney to make sure all of your rights are protected moving forward. I hope that helps. If so, it would be great if you accepted my answer so I can get credit.

In any case, I will Opt Out of this question so another expert can jump in - hopefully with the information you're looking for. Good Luck!
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

I'm sorry to hear aobut your situation and hope I can help.

Unfortunately, as an at-will employee, you are not entitled to a redundancy package if you were to leave your employer. Unless you have a contract that states otherwise, your employer is free to terminate your employment at any time for any reason with or without prior notice.

This stems from the employment at-will doctrine, which is codified in Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."

Since you informed them that you would not be going to Brussels, that does give the employer the right to find someone else to fill the position.

Finally, you could request the redundancy package instead of working through the end of the year, but as I stated above, unless you have a contract that states othwerwise, your employer wouldn't be obligated to provide you with a redundancy package.

I wish I could have provided you with better news, but I hope you appreciate a direct and honest answer to your question.
Joseph, Lawyer
Satisfied Customers: 4975
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    933
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    849
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    330
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3443
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    24
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.