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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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I am a top performer in my company. I am a GM and a few days

Customer Question

I am a top performer in my company. I am a GM and a few days ago someone came into my location and is accusing me of discrimination. I had witnesses the entire time that have written statements saying that there was no discrimination. Now word is going around that tomorrow I will be transferred just to avoid a law suit from the complainant. I built my location from sales volume of 40% to 100%. I am running top 5 out. Of 200 locations. I am amazing at what I do and have done nothing wrong (my vp said I handled everything perfectly) so I feel it to be unjust if I am transferred. Do I have to take the transfer? Or do I have the right to refuse it.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Joseph replied 5 years ago.
Hello and welcome to JustAnswer.

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

Unfortunately, as an at-will employee, your employer can require you to transfer as a condition of continued employment, even though the transfer is unjust and based on wrongful allegations of discrimination.

This rule stems from the at-will employment doctrine, which is codified in California 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."

However, you can sue the complainant who is accusing you of discrimination for defamation for making the false and damaging comments that caused you to be transferred.

You can find an attorney online here;

I suggest that you hire an attorney on a contingency basis, so you only have to compensate the attorney if you receive a settlement or a verdict in your favor.