California Employee Relocation Lawyer
Getting Fired After Moving for Your Job: Your Rights Under Cal. Labor Code §970
It is the best of times and then the worst of times: you’ve finally found yourself a job in California, only to find out it is no longer available after you’ve moved. Employees in these scenarios may be faced with piling expenses (inabilities to find other work, moving expenses, mortgages and leases) and no job. What is a person to do? Read below or contact our California employee relocation lawyers for more information.
Luckily, for employees who relocate for a job in California and find out it was not as promised – hope is not lost. We introduce you to California Labor Code 970. In short, California Labor Code 970 prohibits employers from making knowingly false promises to prospective employees regarding the nature of future work or the length of time they will be employed in order to get them to move to a new city. More specifically, the Code prohibits employers from enticing employees to work for them by falsely representing the type or availability of work they have to offer, the length of time for which the work will last, the compensation for the work, the sanitary and housing conditions for the work, or the existence of a labor dispute that may affect the work.
The law includes employees who move from out of state to California, those who relocate for employment within the state, as well as those who move from California to another state in reliance of a written or oral statement from the employer that is false regarding the terms and conditions of employment. This law may arise when an employer has offered a position to an employee, but does not have the means to pay the offered salary (and knows it), or for an employer who makes a false statement about the job or responsibilities in order to get the person to take the position (and move).
It may be that you were let go or find the job not as promised and you are questioning the employers’ excuses. Maybe the employer tells you that they are experiencing financial difficulties or that they decided to restructure. Often times, employers may promise long term employment, when, in truth, they can only afford to keep you on to complete a big project. While each situation may require a case-by-case analysis, and these situations do not provide a “slam dunk” claim, they may give rise to a presumption of a potential claim. Other factors to consider would be if your employment lasted a short time, if you find out the employer has a history of financial troubles, if there were other positions available, or you were the only person let go.
Employers who violate the job may be subject to criminal penalties (like a fine up to $1,000 and 6 months of jail time) and employees may be able to recover double damages in civil claims (such as double damages for moving expenses, loss of income due to inabilities to find another job, sale/purchase of a home, rejecting other job offers, a lease, transportation, buying furniture, etc.).
If you find yourself in a situation where you have relocated for a position that was not as promised or were let go after relocating – you may consider seeking legal advice from an experienced California employee relocation lawyer to determine if you may have a potential claim under California Labor Code 970. Contact Scott Wagner and Associates, P.A. today for a free consultation.