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Elimintaed Postition California

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  • Elimintaed Postition California

    My sister's company recently informed her that they are eliminating the "assistant manager" postion within the company; of which she is one. They have given them 2 choices; take a lower paying position or interview for an equal paying position (only 2 openings) at another location a couple of hours away.

    Does she have any employee rights? She at this point is not termintaed however the choices that she is left with, due to no fault of her own, are not just or fair. If she were to quit could she file for Unemployment? If she were to go out on "medical leave" because she has an anxiety problem (on medication for) could they fire her?

    What are her options, if any? Any help is grealy appreciated!

    Thank you in advance!

  • #2
    Medical leave does not protect her from a job elimination that would have happened anyway, so that would not do her any good.

    Fair or not fair, her options are to accept the lower paid position, apply for one of the other positions, or decline both and hope that she qualifies for unemployment. Depending on how significant the difference between the position she has and the ones she is declining, she might or might not qualify.

    The employer is not doing anything illegal.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

    Comment


    • #3
      Unfair doesn't equal illegal. You seem to be grasping at straws here. It is what it is.
      Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

      I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

      Comment


      • #4
        Originally posted by CatBert View Post
        Unfair doesn't equal illegal. You seem to be grasping at straws here. It is what it is.
        Really? Grasping at straws?? I came to this site for help because my sister who has worked at her comapny for 8 years is getting the shaft. Think about how you would feel if that were you.......wouldn't you want to reach out to anyone and everyone who could pass along any advice or help?

        After all isn't what this site is for? Or did I come to the wrong place? Did I end up at the site where responders belittle the issue that I have at hand and make me feel like I shouldn't have even asked the question?

        Comment


        • #5
          Calm down. No one is belittling your sister's situation. However she only has two choices in order to say employed: 1. Take the lower paying job, 2. pursue the equivalent paying job at another location.

          Since she's being offered work, your sister almost certainly won't qualify for unemployment benefits nor would going out on medical leave (even if she is "disabled" from working which doesn't seem likely since her medical problem is controlled by medication) prevent her from being terminated due to job elimination.

          Since such a long commute is undoubtedly not do-able unless she wishes to locate, my suggestion is that your sister take the lower paying job and start looking immediately for a new position.

          Comment


          • #6
            x2 on the calm down part. The options that have been given to your sister are lawful.

            As someone who often sits on the side of management I can honestly say in this current economy creativity in saving money is beneficial. It is difficult for me to read the questions of so many who are seeking permission to take legal action against an employer.

            In my career I have had to make decisions that benefited the company and the people who worked there, although they may have not seemed fair to some, those decisions assisted the company in staying afloat.

            There's more to every situation then just the one point of view.
            Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

            I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

            Comment

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