I think I was wrongfully terminated

[8271ct]

Jurisdiction

California

Sorry if this is long but I do not know what to do. I had worked at this company for 15 months. They have 2 offices, a main location in SF and a smaller one in the Peninsula. I was hired to work at the SF office and after 10 months, I transferred to the smaller office. Earlier this month, I was told that the smaller office is not meeting projections and that they were eliminating a position which was going to be mine. Before I transferred to the smaller office, they had the same issue, but that employee was automatically transferred to the SF office, but that was never offered to me even though there is an opening currently for my same exact position at the time of my layoff. When I was signing my exit papers with HR, I asked why I was not offered a transfer, and HR said, I am free to apply if I want, but I felt like they just wanted to get rid of me because if they wanted to keep me, I would have been offered a direct transfer like the previous employee that had to be cut due to budget issues a couple months ago. They did offer me a 4 week severance package but I have 21 days to decide if I want to accept it or not. Now the thing is this, 2 weeks before my lay off, we had an all staff meeting saying that the SF office is opening 12 new positions and now they are going to have 3 openings for my position that I am qualified for and have been doing for over a year. But for some reason, I was not offered one of those spots.

I do not know what to do. I have a copy of all the paperwork I signed, which states that I was laid off due to budget reasons. I also have paperwork from the meeting that shows the 12 new positions they will be hiring for. I also have the internal email that was sent about the open position that I was laid off from. The company website also shows that they are hiring for my position. Do I have a case against them for wrongful termination? And if I do what steps should I take next?

Thank you for taking the time to read this and for all the help and advice you all can give. Thank you...

 

[Betty3]

No, sorry not a wrongful termination. In at-will employment you can be terminated at any time for any reason except for a reason prohibited by law (ie religion, race, gender.....) or unless you have a binding employment contract to the contrary.

You can apply for unemployment ins. The state will decide if you qualify.

(If they are allowing you to do so, reapply for a position there if you wish.)

 

[adjusterjack]

Do I have a case against them for wrongful termination?

No.

what steps should I take next?

Accept the severance. Apply for unemployment. Apply for the other opening. Also seek employment elsewhere and get on with your life. This won't be the last time that something like this happens in your working life.

 

[cbg]

Sorry, but this isn't even close to a wrongful termination, which means that you were termed in violation of a law that would have otherwise prevented it.

What law do you believe the employer violated by terming you?

 

[ElleMD]

Tis is not in any way illegal. They don't have to offer you a position at the other location. The reasons they might not are too numerous to mention, but if you want to be considered, you will have to apply. I would not want to bet my odds on being selected, but you can always apply.