If my position was eliminated due to financial reasons but reinstated less than a year later, can I sue for damages?
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If my position was eliminated due to financial reasons but reinstated less than a year later, can I sue for damages?
I was able to find a job within the company immediately but it does pay less per hour and it is also less hours. The position wasn’t given to me, I had to find, apply, and get accepted all myself. Also, I had to relocate in order to take this position.
Asked on April 7, 2011 under Employment Labor Law, Indiana
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Probably not. The reason is that in an "at will" employment arrangement (and most employment relationships are this type), an employer can terminate an employee for any reason or no reason at all. Unless an employee has a union/employment contract that to the contrary, or an action violates company policy, or discrimination plays a role in termination, an employer can do much what it wants with respect to the hiring/firing process.
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