Legal Question in Employment Law in California

Forced Relocation / Severance due if I won't go?

Residing in CA, I cover San Diego, all AZ, & all NM. Now, after an impressive 20 yrs. with my employer, I am being ''forced'' to relocate to AZ, to cover AZ,NV,NM (no CA).

My male ''peer'' in LA/CA will then ''inherit/cover'' San Diego with its full pipeline of upcoming Sales.)

I am not willing to relocate to AZ (a single female alone, with no family or friends in AZ for moral support in a new location).

If I won't relocate, is Severance Pay due me, if they then let me go?

If I resign to avoid this move, what am I entitled to?

Which approach would be best for me?


Asked on 2/19/01, 8:42 am

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Forced Relocation / Severance due if I won't go?

The answer depends on whether you have a contract with the company which requires that you be based out of California. Without a contractual commitment, the employer is free to allocate its personnel any way it deems necessary. To challenge the decision, you would have to show the move was motivated by illegal reasons (i.e. discriminatory, etc.). As for severance pay, you should know that there is no law that requires employers to pay severance. However, if there is an established severance plan, the employer is required to follow the terms of the plan. You should check any material that discusses employee benefits or check with the Human Resources Department. Without such a plan, severance is discretionary. The company may agree to pay severance to you if you approach them in a diplomatic manner and raise the issue. You will probably be asked to sign some legal documents which you should have reviewed by an attorney before signing.

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Answered on 4/05/01, 12:09 pm


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