Legal Question in Employment Law in California

What legal steps can we take?

After working for over 30 years for the same machine co. the owner sold the business but had an agreement with the new owners that myself and another co-worker would stay on as ''top'' employees and that the new owners were expanding and that we were going to be the top dogs-and raises were on the way--well 9 months into their new ownership they (out of the blue) say that they are folding the business---well--today we found out that they arnt acually ''folding'' the business-they are just moving it to Virgina--so we are more or less being fired--they never offered us the oppurtunity to move to Virgina or anything--and they are saying they are only going to pay us 1 week severance pay--I feel so cheated--I ve worked their for 30+ years and now Im just being left cold--Isnt there anything I CAN LEGALLY DO?


Asked on 5/26/05, 3:10 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: What legal steps can we take?

Unfortunately, unless there is a contract that guarantees employment for a fixed period of time, an employer can terminate the employment relationship at its will. This would have even been true for the former owner of the business, should he have chosen to relocate or reduce the workforce. The days of loyalty to the longterm worker are long gone.

To make matters worse for you, there is no law that requires an employer pay severance of any amount. Unless there is a contract that establishes a severance plan, you are subject to the whim of the new owners.

One angle you may wish to look at is whether you turned down any other job prospects based on false promises made to you. If this happened, you should consult with an experienced labor law attorney to evaluate any claims you may have in that regard.

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Answered on 5/31/05, 4:16 pm
Thomas Pavone Pavone & Cohen

Re: What legal steps can we take?

It would be necessary to review the agreement between the seller and new owner to determine whether any protection was provided to you as third party benificiary under that agreement. If it is available to you seek out an experienced labor attorney for an analysis of your potential claims

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Answered on 5/31/05, 4:29 pm


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