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  1. #1
    Join Date
    Oct 2010
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    Default Position Eliminated

    My question involves labor and employment law for the state of: California

    Here is my question: my husband was recently laid off, the company cited his executive leadership position was eliminated. He got a severance package and such. Just this week he noticed his position and that of his boss (who was also laid off) were re-posted this week. Does he have a claim? I thought that if a position was eliminated, it is eliminated.

    Or could you direct me somewhere such as NLRB? thanks for your time.

  2. #2
    Join Date
    Dec 2007
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    2,357

    Default Re: Position Eliminated

    This is not a violation of any law. Unless he was covered by a union contract, which is doubtful (most "executives" aren't) with a "first right of re-hire", it's too bad, but no law has been violated, nor a contract breached.

    The National Labor Relations Board cannot help; it has no jurisidiction unless a CBA was violated and the local union does not handle the issue. The employer obviously wanted to get rid of him badly enough to provide a severance package; the "position eliminated" may have been stated to make him feel better than "you're fired", but no, there isn't any legal recourse.

  3. #3
    Join Date
    Oct 2010
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    2

    Default Re: Position Eliminated

    thanks for your note. I will have to disagree with you on the NLRB in CA. They helped me out when I was laid off - got me a lot of money. As for the above, my husband and his boss, along with several others were let go with "position eliminated" as the reason. I will say that although he is eligible for rehire (which kind of throws out the ""position eliminated" may have been stated to make him feel better than "you're fired"" comment above), there was some foul play involved - he was promoted, the SR VP of Sales and Marketing wanted another person in the role, and he was chosen instead, the SR VP of S/M did everything he could do to make him quit, and because he did his job and made the numbers, he had no grounds to fire, the layoff was the only way. However, knowing the company is usually in a lot of hot water w employment matters, I cannot believe that re-introducing a position that was recently eliminated is right.

    Hopefully I can get someone who knows CA law to respond next time.

  4. #4
    Join Date
    Dec 2007
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    2,357

    Default Re: Position Eliminated

    Well, fine, then I won't. When you're asking for help from volunteers, you don't get to pick and choose who responds.

    But first of all, the NLRB is a national organization, not state. "Right" does not necessarily mean "illegal".
    Second of all, if he was not covered by a union contract, suppose you explain to me how the National Labor Relations Board has ANY jurisdiction or influence.
    Third, suppose you show me the California LAW that says what occurred was illegal.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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    24,521

    Default Re: Position Eliminated

    But the volunteers have the right to pick and choose which questions they answer, and seeing how this poster is likely to respond, I choose not to.

  6. #6
    Join Date
    Dec 2007
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    2,357

    Default Re: Position Eliminated

    Quote Quoting cbg
    View Post
    But the volunteers have the right to pick and choose which questions they answer, and seeing how this poster is likely to respond, I choose not to.
    Not any more, she isn't.

  7. #7
    Join Date
    Mar 2007
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    9,096

    Default Re: Position Eliminated

    One very important point to consider.

    I would believe that the severance package had specific wording around not suing the company.

    Be prepared to, at best, be told by lawyers that you cannot sue and, at worst, sue the company, lose due to the severance agreement signed and STILL having to repay the monies due to violating the agreement.

  8. #8
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Position Eliminated

    I cannot believe that re-introducing a position that was recently eliminated is right.
    It isn't "right", but it's absolutely legal.

    Hopefully I can get someone who knows CA law to respond next time.
    Feel free to hire a licensed, practicing labor attorney in the state of California to give you the same answer, with a $500 price tag, then, instead of snotting off at our VOLUNTEERS.

  9. #9
    Join Date
    Dec 2009
    Location
    Lake Chapala
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    Default Re: Position Eliminated

    Quote Quoting cyjeff
    View Post
    One very important point to consider.

    I would believe that the severance package had specific wording around not suing the company.

    Be prepared to, at best, be told by lawyers that you cannot sue and, at worst, sue the company, lose due to the severance agreement signed and STILL having to repay the monies due to violating the agreement.
    Unfortunately, you've wasted your time. The OP received honest and accurate legal information from senior-level employment law experts and turned up her little nosie at them in response.

    And it's evident from her snippy little response that what she really wanted to hear is this: "Your husband's former employer lied to him! And that's actionable! If you sue your husband's former employer you will win! But wait! Here's an easier way to get that million bucks you deserve! Just contact the NLRB and they'll give you a million bucks immediately! Like today! Yahoo, you lucky thing you!"

    However, since none of the senior-level employment law experts here are liars, we chose not to say this to the OP. And that's okay - unlike the OP, our integrity is still intact!

  10. #10
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Position Eliminated

    Why does my post keep disappearing, reappearing, disappearing? Whassup, folks?

    Oh, it appeared again! But still, why does this keep happening?

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