Can a company lay people off because their position was eliminated and then move someone from another area whose position was elimated into it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a company lay people off because their position was eliminated and then move someone from another area whose position was elimated into it?
My position was eliminated along with coworkers. i was told i am going to be giving a position that was elimated and i do not have the option for severence. Also, when i asked for the denial of severence in writing i was told i could not have it.
Asked on May 28, 2009 under Employment Labor Law, Massachusetts
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Unless you have a contract that governs your employment (or, very rarely, an employee handbook or company rules that are written in a way that forms a contract), employment is "at will," meaning there doesn't have to be a reason for layoffs, and I don't know of any state that requires severance pay. The transfer into another position is better than nothing, here. I'm not a Massachusetts lawyer, and I don't have all the facts of your case, which might well make a difference.
If you want a reliable explanation of your rights, and advice on how to deal with this situation, please see a qualified lawyer in your area. One place to look for an attorney is our website, http://attorneypages.com
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.