• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Position eliminated but not laid off

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

bayareaworker

Junior Member
Hi,
I work for a respected software company in the valley which is a household brand name. I've been here almost 5 years now and over the past 5 years have grown quite a bit (Have been promoted twice). I'm currently a engineering manager and have been in my role since 1.5 years and over this period have delivered good (if not strong) results. My annual performance review(happened recently) has also captured that my performance was strong.

3 months back, due to a larger reorganization, a new Director come to our team replacing my boss's boss. He decided to let go of my boss and so I started directly reporting to this new boss.

Soon after that, he decided to extend the team by bringing a manager and engineers (locally here in valley)from a different team reporting to him and also hiring a new manager (offshore). At that time, I mentioned to him that there will be overlap of responsibilities and that we should rather be investing in my team (growing its size) to take on newer work.

Now, 2 weeks back he told me that he believes there is overlap of work going forward between the two engineering teams (mine and the new manager that he added here in valley) and he wants to consolidate the two teams under this new guy and asked me to start transition all my responsibilties to this new guy ASAP. When I asked him why not consolidate the two teams under me, he told me that this person has more experience than I do.

So now, my position is eliminated and I'm having to look for job both within and outside the company and interview for a few open relevant positions that exist within the company. I spoke to HR about next steps in case I don't get hired for a relevant (management ) position. They said in that case, I will have to take up individual contributor role till there is a relevant opening that comes up later.

Questions:
1. Am I entitled for a severance package in case I don't get relevant position after interviewing with them?
2. Did I get treated unjustfully by my employer and if so how should I proceed?

Thanks,
BayAreaWorker
 


ecmst12

Senior Member
You didn't post your state but sounds like CA.

Severence is never required. You can apply for unemployment if you are not hired into another position.
 

Betty

Senior Member
Severance is never guaranteed/required unless it is in a bona fide employment contract or CBA.

Even if you were treated unjustfully by your employer, unjustfully is not illegal.

If you get terminated, apply for unemployment ins. & look for other employment.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top