Company closed my store without any warning on 3 days notice

[Eg1234]

(California)
I was previously working as a manager for an AT&T authorized retailer in California, long story short my district manager came into the store on Monday Dec 18 2017 and told us that the store would be closing on Thursday Dec 21, 2017. This was the first time me and my sales reps had heard anything about it and were given an ultimatum to either quit or transfer to stores over an hour away for less pay. I was told I can file against the company but just wanted to see what my options are.

 

[cbg]

How many full time employees at the store?

 

[LdiJ]

(California)
I was previously working as a manager for an AT&T authorized retailer in California, long story short my district manager came into the store on Monday Dec 18 2017 and told us that the store would be closing on Thursday Dec 21, 2017. This was the first time me and my sales reps had heard anything about it and were given an ultimatum to either quit or transfer to stores over an hour away for less pay. I was told I can file against the company but just wanted to see what my options are.

Don't quit. You have been laid off. Do not allow the district manager to turn it into a quit. Transferring an hour away for less pay is not a viable option. Just because he gave you an ultimatum does not mean that you have to accept it.

 

[eerelations]

What are the legal qualifications of the person who told you that you can "file against the company"? And what did this person mean by this? That you can file for unemployment insurance benefits? That you can file a case for wrongful termination? That you can file a claim for illegal discrimination? What?

 

[cbg]

All good questions.

When I initially read the question, I read it that the poster was told s/he could file a wrongful term claim. The only basis under which I can see that being true would be if WARN were a factor; thus my question. However, re-reading it, I can see the other possibilities inherent as well.

 

[LdiJ]

What are the legal qualifications of the person who told you that you can "file against the company"? And what did this person mean by this? That you can file for unemployment insurance benefits? That you can file a case for wrongful termination? That you can file a claim for illegal discrimination? What?

Good point. I was assuming that the OP was talking about unemployment insurance benefits but that statement could mean something else. I hope that the OP clarifies.

 

[commentator]

And regardless of whatever else there might be, this person needs to file for unemployment insurance while it's going on. It is your first recourse when an employer puts you out of work through no fault of your own. NO, you did not quit. You were perhaps offered the option of another job in the company quite a long way from you, but the choice to leave the job you have was not yours, you did NOT quit, no matter what they may "want" you to say. So you are probably going to be found entitled to unemployment benefits if you qualify monetarily and meet the other criteria, and you should have filed immediately as soon as you were out of work (don't ever wait till you've received your last paycheck, or till you've talked to an attorney, or until you've looked for jobs and not found one, or until you've been off work a week, file quickly the first day you are not working there any more. )

If you haven't done this yet, file immediately, telling the agency worker exactly what you were told by the manager, about how you could either take a job at another store or quit.

As for providing you notice of the closure, that's pretty much a WARN issue, and there have to be a certain number of people at this particular site to make that a factor. Anything else you might "file against" the employer I can't think of, unless you were talking about unemployment insurance.

 

[HRZ]

SUggestion ...force them to fire you or treat it as being fired ....if you attempt to commute to new remote location and burn out after a few weeks that can prove fatal to any successful claim for UC and to get involved with turning down an actual offer for similar work can sure muddy the UC waters over how far away and how much less pay ...and because states do not seem to have the Unlimited UC budgets ofmamfew