What are my rights ifI was just laid after a move to another state?
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What are my rights ifI was just laid after a move to another state?
My company made me move out of state. Just after 3 months I was laid off. They said the reason was lack of work but many people were laid off due to company cuts. They paid for my moving and other stuff during my move but they were supposed to pay me an extra rent/buy home package every month. Now they pay me nothing – not even a severance package during lay off, etc. Do you think I can sue the company?
Asked on February 21, 2012 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You may be able to sue your employer. There is a legal theory or doctrine called "promissory estoppel" which may give you grounds for recovery. When party A promises (or represents) something to party B, and--
1) Party A intends that party B should rely on that promise;
2) It is reasonable to rely on the promise;
3) Party B does in fact reasonable rely on the promise;
4) In reasonable reliance thereon, Party B does something to its detriment--like relocating or moving; and
5) Party A, at the time it made its promise, either knew or reasonably should have known that Party B would take that detrimental action--so, for example, they knew you'd have to move out of state for the job
--these factors can make the promise binding or enforceable, even when there is no formal agreement or contract between the parties. From what you write, you may have grounds to sue for either a job or for monetary compensation; it would be worth you while to consult with an attorney in detail about the situation. An employmentt law attorney would be a good choice to speak with. Good luck.
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