Is it illegal for my employer to offer my job position to another current employee if I’m still there?

UPDATED: Oct 2, 2022

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Is it illegal for my employer to offer my job position to another current employee if I’m still there?

My employer has been discussing and offering my job position to another employee with the idea that they will fire me even though I have not been informed of this nor have I really been given a reason to why I would be fired. Messages via text were sent to the employee offering my job position to them even though I’m currently working said position. Is that legal?

Asked on August 16, 2019 under Employment Labor Law, Ohio


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

Answered 3 years ago | Contributor

While unfortunate, this is perfectly legal. That is unless such an action violates the terms of an employment contract or union agreement. The fact is that a company can set the conditions of employment much as it sees fit (absent some form of leally actionable discrimination). 

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 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.

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