Can I be fired in order to make room for another person to be hired?

UPDATED: Oct 1, 2022

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Can I be fired in order to make room for another person to be hired?

I told my supervisor that I was looking for other employment, and asked her for a letter of reference, which she gladly provided. This was about a month ago. She has now given me a time frame for when she expects me to leave the company, which is December 30 2017. I told her that I will not quit at that time since it would eliminate my eligibility for unemployment insurance, and she said she will fire me if need be at that time in order to hire another person she has ready to backfill the position I am currently in. Is this something that she can legally do?

Asked on November 28, 2017 under Employment Labor Law, Montana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless your termination violated the terms of a union agreement or employment contract, it was legal. The fact is that a company can set the conditions of work much as it sees fit, absent some form of legally actionable discrimination.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Unless your termination violated the terms of a union agreement or employment contract, it was legal. The fact is that a company can set the conditions of work much as it sees fit, absent some form of legally actionable discrimination. 


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