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Yesterday my employer informed me that my position is being moved to another state.

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Yesterday my employer informed me that my position is being moved to another state. Since i said no to the relocation, i was told i have 3-4months to remain on board during the transition phase. They didnt offer details of my last date, severance package or anything else. I feel like im in limbo. They did confirm our office in nj will remain open yet im the only one losing her job. I plan on talking to an employment lawyer but was curious to get feedback from the fairygodboss community first. Thank you

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  1. Anonymous

    You are the only one losing their job? Sounds like they are being underhanded and want you gone.An employment lawyer seems like a waste. All that $$$ and if you win, the staff at your job will make you MISERABLE unless you get some settlement.
    Of course if you lose, no $$ AND no job there or a settlement to show for it.
    However.... without a contract (or one that ends at the end of the phasing period)- they can fabricate any reason to let you go - truth or not. Your word against theirs.
    Skip the attorney. If you want to spend $$, put it towards a resume writer/career coach/recruiter/advanced certification courses and exam to prepare for the NEXT opportunity.
    You've got 3-4m... you CAN do it!!!

  2. Anonymous

    Get an attorney that will work on a contingent basis. This lawsuit is not to fight to keep your job but rather get a monetary damages for the loss of wages and other punitive damages that the contingent lawyer can help you get.

  3. Anonymous

    I appreciate these replies.Thank you
    it does feel a bit suspicious which is why I want to try gain some type of financial compensation.

  4. Anonymous

    Ask about the severance package. Just because the office is staying, isn't discriminatory, it's the position. This doesn't sound like anything nefarious, this happens. See what an employment lawyer would even take this on, and then do your homework so that you don't waste $ there too.

  5. Anonymous

    Yes,I'm drafting questions now and the top one is asking for details of the severance package.

    It was time to move on from this job so this separation is probably exactly what I needed. I just don't want to walk away and get short changed in the process.

    Thank you for replying!

  6. Crystal Howell

    Just Do It, know your rights if you have any.

  7. Anonymous

    nothing wrong with consulting an attorney, but basically they gave you an opportunity to move w your company and you said no. So, you are thereore leaving voluntarily...and you will not get unemployment. You will not get severance. I doubt they will terminate you because when THEY do the termination, without cause, then they are obligated to pay unemployment. Right now, they are not obligated because you declined their employment opportunity. See what I mean? Regarding "severance package or anything else"...that isn't coming to you. You opted out. So they will advise when your position is "over"... whenever they close the doors at your location.

  8. Haley

    This is incorrect. It will be considered a layoff and you are also eligible for unemployment for excessive travel or commute requirements. I had this exact situation when a company I worked for moved my department. It was classified a layoff and I got unemployment.

  9. Haley

    They may consider this 3 or 4 months the severance period, but you will qualify for unemployment.

  10. Anonymous

    should her state be an employment "at will" state...there are no guarantees about anything at all, severance or whatnot.

  11. Anonymous

    Actually, this person can get severance. Moving the job at the company is constructive discharge. The terms of employment have changed.

  12. Anonymous

    Most of what you’re staying is incorrect. The OP will be eligible for unemployment and *should* get a severance, although the 3-4 month notice period may be lieu of.

    OP I don’t see a point in consulting with an attorney but do it if it will put your mind at ease.

  13. Laura Hammontree

    That really depends on the company. I worked for a compny based out of another state. When they decided to close our office, we were given 3-4 months notice but not an exact date. We were given the opportunity to transfer to the home office. Those who did not transfer received a severance package and unemployment.

  14. Julie E

    I was in a similar situation and was given severance. The move would have been across the country. I also don’t think you’re correct about unemployment. She’s being laid off because her position is moving.

  15. Anonymous

    they are not firing her- she elected to not accept the new position at new location. So, she is leaving voluntarily. She was given an opportunity to remain working-- at new location.

  16. Anonymous

    if your job changes from what it is suppose to be, you can collect unemployment. She’s not l leaving voluntarily.

  17. Sarah Mudd

    This may vary by state.

  18. Lisa Marie

    Siimple math... 3-4 months is September or Ocobter - so you have a some details as to when your last date will be. Most interesting though, is since the date is important to you, why didn't/haven't you asked them for an exact calendar date?

    Unlike folks who simple get terminated without notice, luckily you know that you have 3-4 months to find your next best opportunity. That shows some respect for you as a worker, since you were given the opportunity to relocate.

    Based on how long you have been employed with the comapny, whatever the company's policy document or your state's labor laws say about severance is all you're really entitled to - no matter what any attorney will tell you. If the company decides to give you more, then count that as a plus.

    Do you really want to waste your time and energy being involved in an ugly transition to your next job-chapter?

    They gave you a heads-up. They gave you the opportunity to relocate with the role, just because *you are not able to relocate* doesn't mean the company is doing anything "wrong or illegal" - unless of course, your job is one that has a *contract* which states specific performance items by both parties.

    If no employment contract exist, itcwill be best to use your time and energy to find your next job.

  19. DeborahORell

    To have any leverage in a negotiation, the question would be WHY only you? Is it the essential role you perform that is moving? then there may be no legal leverage. if you feel the real reason it was only you has to do with your age, race gender, etc (a protected status) then they might be violating your civil rights. That's how you have leverage. Otherwise, chances are they will be ending your employment and may likely offer a severance (by law they don't necessarily have to) and you would be most likely eligible for unemployment benefits. hope this clarifies

  20. Kate Wade

    What Deborah said.

  21. Lisa Marie

    Rachel Scaer, your advice is very bad. Shows no ethics, scruples or overall decent employee behavior.

    I have no problem being direct, because your advice is just plain wrong on every level.

    Since she will still be getting paid, she has a professional duty to perform her job 100% and give her employer the required her time and attention for the hours they are paying her.

    Remember that bad behavior anywhere in life, *always* gets paid with deserving karma.

  22. Anonymous

    Agree wholeheartedly, Lisa.

    Integrity in the little things...Shows a person's character.

  23. Marissa Rutzebeck

    And how you end your employment will be remembered when asking for references, connections in the future. Also, it’s such a small world - you never know when you are going to end up crossing paths with anyone at your current company again. And you’d want them to remember you as a person who rose above the situation and handled it with class, integrity and went out on top. Good luck with your transition and your next chapter :)

  24. Anonymous

    I agree. Don’t burn bridges. Also, if she’s not doing her job they can fire her for cause. And I’ve also heard- not sure if it true - if could effect any severance.

  25. Anonymous

    I'm sorry for you being in this position. Early in my career, my position was relocated from Washington DC to Colorado.... I sometimes wonder what would had happened if I had moved. instead, I took the buyout/layoff.

    However... I'm not sure any , at the risk of being offensive, reasonable person would object moving out of Jersey. Among the highest taxes in the nation. Crime. Traffic. You've already turned down the move... but maybe it is worth revisiting?

    Life can be really good other places.

  26. Anonymous

    However, I know of someone who was given a promotion in another state; sold their house bought a new one in a more expensive state and then they were fired!!

  27. DeborahORell

    Yes, we've gotten calls like that. Left their apartment in Seattle, and signed a 2-year lease on an apartment in Manhattan for their new job. the second day terminated. completely legal. That is a little different than this example, but still, the law protects employers. That's what's key.

  28. Haley

    Maybe her family is there. Also, the only crime in NJ is in the three large cities so I have no idea what you’re even whinging about.

  29. G C Hesse

    Find another position like ASAP and leave. You do not owe loyalty to anyone but yourself. This 2 week notice is for the birds and you don't fly!!!

  30. Kia Harris

    I would definitely start the search and line up your references. It always great to ask for a few hard copy ones as well from execs that are hard to reach. Circling back to HR is highly recommended on the package, if any! This will definitely establish the transition plan moving forward.

  31. DeborahORell

    Something I caution people about. The only people who call our office with a problem with a severance agreement are the ones who did not have an attorney review it before they signed it. Remember, the employer drafts it to their advantage. There are almost always a few things you need changed to protect your rights. If you're going to accept their severance, then be certain you fully understand what it means. And HR.... they are not attorneys... and may not always be looking out for your best interests.

  32. Anonymous

    Wow, so many great comments, insight and suggestions.

    I especially appreciate the remark that the company offering me a 4month notice shows they respect and value me (I definitely did not think of that angle)

    I compiled a list of questions this morning and sent the email to my boss and HR.

    I'm hopeful the answers I receive give me clarity.

    Regardless I will continue to hold my head high and move forward in a dignified, gracious way.

    And yes I have started actively pursuing other employment opportunities.

    This separation will be a step back not a set back so know I'll be fine.

    Thank you everyone for reading my concern and offering constructive feedback.

  33. Anonymous

    Thank you Deborah for providing that information

    I haven't received a package or any written document containing details of my pending separation.

    But if I receive one, I will review carefully and I will solicit legal counsel as well

  34. Anonymous

    I am sorry to hear about your potential job. You should start looking for another job now but be discrete. Try to consider applying for unemployment. Make sure to document everything if possible.

    Don't expect HR to be on your side either.

  35. Anonymous

    She can't apply for unemployment until she has been officially played off and has stopped working for the company.

  36. Anonymous

    Ok, I see what you are saying. Maybe so. It is never too early to start documenting everything though.

  37. Regina Brown

    You may want to send something in writing to H/R AND your manager as to the details of your "layoff". My guess is that they think you will ultimately take the job in another state, so they are stalling. Talk to an employment lawyer, regardless (but they don't need to know that).

  38. Anonymous

    Hi Regina

    Thank you for this suggestion.

    On Monday I did send an email communication recapping the verbal convo from last Monday.

    I also asked 8 or 9 questions including asking for my last day and details of my severerance package.

    The reply to this email came 7hours after i sent it...but it was via a call to my personal cell, then a text stating my questions are being reviewed.

    We'll see how this plays out but yes I have decided on obtaining legal counsel.

  39. Anonymous

    What exactly do you think your legal issue is? People are quick to run and talk to an attorney because everyone thinks if they have a grievance, its actionable. Here, the employer is reorganizing and as part of that reorganization, your job is being shifted to another state. You rejected the job understandably so because you can't relocate. So the company is keeping you on for 4 months during the transition. I'm sure you'll receive a severance package. So what harm do you think you've suffered?

  40. Anonymous

    If anything, the poster will lose her job since it is being relocated to another state.

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