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Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33167
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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I was subject to a "Reduction in Force" today. I have been

Resolved Question:

I was subject to a "Reduction in Force" today.
I have been with this company for 1 year and 2 weeks.
I was approached by them in September of last year and agressively pursued to come over for almost a month, it was almost to the point of harassment. I was wined and dined, secret meetings etc.
They got me the salary I wanted, but the vacation package was a secret deal between the GM and I (which I have evidence of via e-mail). Basically 4+ weeks of time off that no one in payroll would know about.
They enticed me to leave a 8 year plus seniority job and then pull the rug out!
Do I have any chance of winning a suit against them, this is so unfair.
I have never been out of work in almost 30 years.
Thank you
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
I am sorry to hear of your difficult situation.

Did you have a contract in writing for a term of years?

Is the vacation package in writing?

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?

Customer: replied 5 years ago.

I had no contract, Ca. is an "at will" state and I an sure that plays here.

What about the heavy recuiting, implied promises, talk of bonuses and then just pull the rug out. I was the only one.

Expert:  Tina replied 5 years ago.
I see.

The reduction in force would typically be permissible unless there was a discriminatory intent on the part of the employer.

There are cases that hold employer's liable for promises they make of job security and other misrepresentations in recruiting employees, and then terminate them without good cause.

These cases are typically based on a theory of fraud, which is generally difficult to prove. However, if you have proof of misrepresentations made by the employer by their conduct or promises made to you, that could provide a basis for seeking damages against them including lost wages and benefits.

Here is a link that provides more information on this type of claim:

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Customer: replied 5 years ago.

I understand your caution and would not hold you responsible about how I feel about the answer.

What evidence do I need beyond the e-mail about secret vacation time? Would this support other verbal promises (off the record stuff) that were made without witness?

Obviously I am very angry over this and it may not be worth the effort.

Thank You


Expert:  Tina replied 5 years ago.
The secret deal with regard to vacation time could bolster your testimony at least to the extent the employer worked vigorously to recruit you and was willing to make concessions to retain you as an employee.

Phone records and other evidence corroborating your testimony can help as well. Obviously documentation is the best evidence in most cases, so it would be critical to gather everything possible to support the facts of your testimony that can be proven with other direct evidence.

All the best to you Ray.

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