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socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37963
Experience:  Retired (mostly)
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I spoke to my regional VP about the possibility of moving me

Customer Question

I spoke to my regional VP about the possibility of moving me back to my home town, in a different state. His response was there are currently no openings and he would be open to moving me with a demotion and a significant reductions in income as well as no relocation expense. I was only an initial conversation and there were no further conversations about the move. Two days ago I saw my position posted on indeed.com and questioned my HR about the matter. Her response is that she was unaware of the posting and that it had nothing to do with our original relocation move, because it was only taken as an initial conversation.
Submitted: 1 year ago.
Category: California Employment Law
Expert:  socrateaser replied 1 year ago.
Hello, Thanks for your information. What question about your circumstances can I "justanswer" for you this evening?
Customer: replied 1 year ago.
What is my best course of action at this particular point in time?
Expert:  socrateaser replied 1 year ago.
Obviously, the statement that there are no openings is a misrepresentation, because the VP simultaneously offered to make an opening, if you agree to a substantial demotion and reduction in pay. Cal. Labor Code 970 et seq., provides an employee with the right to sue for double damages where an employer induces an employee to relocate based upon a misrepresentation of the character, kind or existence of employment. Legally, from what you describe, the employer has violated the law. Assuming you could get the employer to put its statement in writing, you might be able to enforce the law against the employer. But, as a pure oral statement, you'll never get the VP to admit the statement, so, it would be your word against the VP's -- and that's not good enough to win in court. Consequently, and "please don't shoot the messenger," here, in my opinion, your only recourse is to "dust off your resume," and start looking for new employment, before you are terminated and replaced -- since replacing you seems to be the intent of your employer, based upon the job posting you describe. I realize that my answer may not be exactly what you were hoping to read. However, under the circumstances, the best that I can do is to explain what the law is and is not, so that you can avoid expending valuable resources looking for answers that do not exist, and concentrate on the options that are actually available.I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!

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