I havebeen eliminated from my position and was told by a HR Director that my vacation and sick hours would be paid off. Only my vacatin was paid out.

UPDATED: Jun 11, 2009

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I havebeen eliminated from my position and was told by a HR Director that my vacation and sick hours would be paid off. Only my vacatin was paid out.

I have held this position for over 10 years and did not epect to be called in to the HR office and told that my posiotn has been eliminated and that my only options would be to transfer to an entry level or verbally resign. As yu know how devastating this is to hear after 10 years of dedication to the pueblo casino I would like o know if there is anything I can do.

Asked on June 11, 2009 under Employment Labor Law, New Mexico


R.C., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

As for being laid off because your position was eliminated, if it is so, there isn't anything you can do.  It's sad that you were laid off after 10 years, but except when an employee is covered by a union contract (and even sometimes with a union contract), or the person is fired for a reason that is illegal (discrimination, for example), the employer holds all the cards and can lay off anyone at any time.  This is especially true these days, when recession holds sway.  On the other hand, if you were promised unused sick pay, by someone in a position to give it, you should be receiving it.  Go back to your employer and ask why you have not gotten it.  If you're not satisfied, go as high as you can in the company--and explain that this had been promised to you (which may constitute an oral contract).

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