Do I have a legitimate wrongful termination case, as that was never offered to me or I would still be employed there?
A: The issue is whether or not there actually was a lower position available at the time of the layoff, and whether or not had you accepted the not yet available position, would it have been provided? The employer would argue that it offered you a different job and you rejected the offer. If the court found this credible, then your wrongful termination wouldn't be wrongful, and you would lose. If the court found that there was a lower position available, then the failure to offer it would have been a breach of contract and you would be able to sue on that basis -- in my opinion.
Also is there a statute of limitations on something like this?
A: A breach of written contract (the MOU) must be brought within four years of the breach (defined as the date of discharge from employment). Cal. Code Civ. Proc. 337(1).
For an employment rights lawyer referral, see this link.
Hope this helps.
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