Being Laid Off, Current Responsibilities Forming New Position, Forced to Apply

My question involves labor and employment law for the state of: California.
I have known for some months that I was to be laid off from my current position due to my departments moving to Arizona. However, my primary role cannot be moved due to it's nature, and is to remain here, but be allocated to a new department. I have set the standards in this role & written the guidelines for the processes.

The position that is being opened in this other deptartment in CA was offered to one of the individules I trained, prior to it's being posted for internal applicants. This individual turned down the offer, and thus the job was posted for internal applicants. I have been told the decision was made not to offer it to me due to the fact that I have obtained a position in another company. I would much prefer to continue here for many reasons.

Is there any discrimination involved in making the job offer to another associate, and not to me, prior to putting me in competition with with other internal applicants?
Should they not have offered me the position outright before posting it for internal applicants as they had for another associate, especially considering my qualifications?

Further, due to the other individual turning down the offer, my lay off date has been extended in order to allow me to train whomever obtains the new position if I do not recieve it. Which unless I forgo my sizeable severence package, leave prior to training whomever gets the job in the case I do not, puts me in a position to lose out on the other oppertuinity in the other company. They wanted me to start immediatly as of two weeks ago, but gave me time in order to recieve my severance package and work to my former 'tentative' termination date...

Between a rock and a hard place... :confused:

Dash Shourt

Is there any discrimination involved in making the job offer to another associate, and not to me, prior to putting me in competition with with other internal applicants? No illegal discrimination based on your post. It is only illegal if it is based in a characteristic protected by law (race, religion, national origin etc.)

Should they not have offered me the position outright before posting it for internal applicants as they had for another associate, especially considering my qualifications? They had no legal obligation to do so. It was entirely up to them whether to do so or not; the law does not take a position on the matter.

Further, due to the other individual turning down the offer, my lay off date has been extended in order to allow me to train whomever obtains the new position if I do not recieve it. Which unless I forgo my sizeable severence package, leave prior to training whomever gets the job in the case I do not, puts me in a position to lose out on the other oppertuinity in the other company. They wanted me to start immediatly as of two weeks ago, but gave me time in order to recieve my severance package and work to my former 'tentative' termination date... I don't see a question here, but I see nothing illegal.

You need to make your mind up if you want to work for the new company and forfeit your severance package, or hold out for the severance package and risk the chance of the new company firing you before you even walk in the door. It's your call, and you can't hold no one liable but yourself.