11/19   is there any ground for a lawsuit if i got involuntarily transferred to
        another department, and the department that i am being transferred to
        terminated me on the date of my transfer citing that i am not a good
        fit for the only position that they have in the department?  note that
        there was a layoff (i think, since about 5 people got let go) about 2
        weeks ago.  realistically speaking, what will i be able to get out of
        this lawsuit and will this lawsuit affect my future career?
        basically, i am just bummed by their unprofessionalism and the
        "termination" on my employment record after having given them my heart
        and soul during the past 2 years, and had an excellent performance
        record with them.  i want to get a general feel of this before
        consulting legal consult.  any tips, urls, past personal/friend
        experiences, etc. would be greatly appreciated.
        \_ YES! SUE THEM!  There's a federal law that requires companies to
           give 90 day advance warning for any layoff.  Most tech companies
           \_Depends on the company size and number of layoffs. It also
           depends on how you were hired. Also, the OP says he got transferred,
           not fired. There's a distinct difference.
           violate that law, that's why the people get severance packages
           contigent upon you signing a waiver stating that you will not
           sue them.  In this case, your company is circumventing that law
           by making it appear as a transfer and then a firing.  That's
           bullshit.
           And anther related advice to everybody who is about to get laid
           off:  DO NOT SIGN ANYTHING and DO NOT TAKE ANY SEVERANCE PACKAGE.
           You can get more money out of suing them.  But it does take more
           time.  I suggest that you be patient and wait for the bigger
           check when they settle out of court.  And they will settle out of
           court.
           \_This only applies if a company doesn't file for Chapter 11 or 7.
           If a company seeks bankruptcy protection, you will most likely not
           see a dime. I think it goes something like this: Court, Attorneys,
           IRS, judgements, preferred creditors,
           unwashed masses of stockholders.
           \_ in calif its only if they are laying off over 20% of the company
              at a given time.. they can get around this by saying "we are
              gonna do layoffs in 90 days" but not saying who.. untill that
              90th day.. or so ive been told by a few diff hr girls -shac
           \_ Not in California.
           \_ This is true only if you expect the company to still be around
              for a while, right?
              \_ obviously yes.
           \_ Since my companies were startups that were doing final layoffs
              before shutting down it was more like take the severance check
              directly to the bank the moment I got it before everyone else
              got to the bank and emptied the account before my check could
              get there.  ;-)
        \_ Not really, but in America you can sue anyone for almost anything.
           I doubt any legal counsel will take up your case since it's pretty
           flimsy, but who knows. If you look hard enough, you can probably
           find some crackpot lawyer to waste time on it. If you are willing
           to pay for the prosecution out of pocket then anyone will take the
                          \_ Take legal advice from someone who doesn't
                             know how to user the word "prosecution"?
                             \_Apparently you are confused. I assume you
                             don't understand the colloqualism of
                             "paying for the prosecution." Sorry, you lose.
                             \_ or the word "use"?  gotcha hypocrite!
                                \- er are you suggesting "pay the for the
                                prosecution" is an expression like "pay the
                                piper"? otherwise "prosecution" implies
                                criminal jurisdiction pursued by the "public"
                                rather than a tortious claim, which is what
                                i assume you are suggesting. so i suppose it
                                it clear what you mean, but poor usage.
                                lots of matters can either be criminal or
                                tort, so it's worth being clear. --psb
           case. If you don't like the job, then quit. Keep in mind that if
           you do set yourself up for potential future career damage if word
           ever leaks out. Keep in mind, they haven't fired you, and their
           case for transfer can be relatively easily justified.
           \_ It's worse in Japan. You can't quit at all.  And if you manage
              to leave, you will be blacklisted.
                \_ As much as Tokyo has managed to piss me off, I refuse
                   to touch America until that idiot you people call a
                   president is extirpated from office.  That country is
                   so royally foobar'd now that you'll have to pay me the
                   negative deficit and a whore every night from
                   yoshiwara before I go back.  I have absolutely no
                   desire to go back in the near future until McCarthy 2
                   relinquishes his totalitarian grip on that place.  I
                   do miss aspects of America (namely prices) but that
                   place is just a wasteland.  I'm glad I got out while I
                   could because I'd hate to be in that landscape right
                   now.  I suppose if I were in college it wouldn't be so bad
                   but I graduated UCI and moved on so living there would be a
                   nightmare.  Even my friends and family are struggling
                   with the unemployment problems.  Really the country
                   needs to implode and start from scratch because it has
                   too many unsolvable problems.  - Happy Living In Tokyo
                   \_ Yawn.  Whatever.  You graduated from UCI?  Maybe that is
                      your real problem?  Take the ultra leftist hate mongering
                      zero references agenda driven drivel elsewhere.  Troll.
                      \_ Maybe you should pay attention to what people outside
                         the country see that we cannot. At least his comments
                         are more than an ad hominem attack.
                \_ If I looked like Kim Il Sung, I'd probably move too
        \_ I'm assuming this job is in California.  We all work "at will" which
           means they can fire you without cause for pretty much anything.  I
           suggest you find a labor lawyer and take them up on a free
           consultation (do not pay for a consultation, call someone else).
           A California labor lawyer can tell you if you've got a leg to stand
           on.  I'm guessing not but I'm not a lawyer and neither is anyone
           else here.
        \_ Just move on A.S.A.P. before your skills get rusty.  You don't want
           a reputation as a vengeful person.  Just take some recommendations
           and prepare the explanation well for when you interview.
           \_ The valley isn't that small.  No one has a repuation at the
              grunt level.  That's pure nonsense.