Severence Package/Demotion Employment question

UPDATED: Jun 9, 2009

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Severence Package/Demotion Employment question

My friend’s job is restructuring and she was told her job was being eleminated. They offered her a severence package or a demotion. She was going to choose the package, but hasn’t signed anything yet. However, her employer just advertised for her exact job position and title. Now she doesn’t know what to do. Thanks for the help.

Asked on June 9, 2009 under Employment Labor Law, Nebraska


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

Employers are not permitted to demote or discharge employees based on age, race, religion, or sex.  Such gounds give rise to what are called Title VI actions.  Employers are however, allowed to get rid of people based on re-organization.  If the employer is hiring someone for the exact job and the same pay, then it may be worth looking into.  However, there cases are hard to prove as the employer will get away with the firing if they can show the demotion or firing was based on a non-discriminatory reason.  I suggest hiring a lawyer to give all the facts so the lawyer can make a decision as the likelihood at making a successful claim.

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