What are my rights to get back my former position with my employer?

UPDATED: Sep 20, 2012

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What are my rights to get back my former position with my employer?

I have been with the same company, a nursing home, for over 30 years. Suddenly they decided that they were going to give my work, ward clerk, to someone else. She couldn’t do the job so now they have posted the position. Meanwhile, I am doing all sorts of different jobs within the company, without being given a “New Position” or any explanation. I have never, not one, received any sort of diciplinary action, no write-ups, no verbals, nothing in over 30 years. Therefore, they have no cause for changing my job or firing me. I do have rhumatoid arthritis, however I have had it for over 40 years, long before I began working for this company. Do I have any grounds to sue them for some sort of discrimination or any other cause for taking away my position and without offering to give it back to me, posting it?

Asked on September 20, 2012 under Employment Labor Law, Maryland


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Sounds like you are setting up for a good case against your employer for labor law violations.  In most states, employment is at will, unless you are a part of a union or have a contract.  If you were not given enough information about your employer's choices, you may need to begin to explore your options and even more, you should put everything in writing with your employer and keep copies.

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