Legal Question in Employment Law in California

I was recently hired into a new role at my office that was advertised at a Director level. I am a top performer and have been with the company for more than 5 years. I left a very successful and promising role for the new position. I went through the same interview process as all internal and external candidates went through. I was offered the job and accepted, relocating from overseas to take the position (in California). Now I am being told that because I am an existing employee and our "promotion process" is in play, I will not be given the Director title and accompanying compensating and benefits because promotions are frozen for the next cycle (6 months). The hiring Manager has explicitly stated to HR that had I been any other external candidate, I would have been brought in as a Director immediately. If I were to walk away and the hiring Manager get a new hire from outside, he would be brought in as a Director immediately. Is it legal for my company to deny me the Director title (and associated benefits)? What are my options? I don't have an issue with the role or the work, I'd just like to get an understanding and address the problems with "the process" that is preventing this from happening.


Asked on 8/03/10, 10:37 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Promises of possible promotion are merely incentives to get employees to work hard, not enforceable contracts. Protections? The employer is entitled to set and change hours, duties, titles, compensation, benefits, leaves, vacations, holidays, policies, rules, etc. just not retroactively. Employees have the 'right' to pay and employee benefits per the law and company policy as agreed, to be provided a 'safe' workplace to minimize risk of injury, and sometimes are entitled to certain medical/pregnancy leave rights. That's about it. In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause� or explanation, other than for illegal discrimination, harassment or retaliation under the ADA disability, Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], Whistle-blower, or similar statutes. The employee's goal should be to keep the employer happy.

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Answered on 8/08/10, 4:09 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

California Labor Code, Section 970 make it unlawful for an employer to knowingly misrepresent the kind, character or existence of a position, including compensation, which causes an employee to relocate their residence from one place to another, in reliance upon the false representation. The key, here, is being able to prove the people you dealt with knew, at the time you were offered the Director position, you were not eligible for it, yet induced you to relocate anyway.

But even if you can prove this, if you are satisfied with your current position, you must think carefully about what you would hope to accomplish should you choose to make this an issue.

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Answered on 8/09/10, 11:09 am


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