Workforce Reduction Can the employer repost my position imediatly

UPDATED: Sep 30, 2022

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Workforce Reduction Can the employer repost my position imediatly

I was informed that my position was eliminated after my company had announced it’s workforce reduction plan. I was offered a severance package and told that my last day would be two weeks from the day they gave me notice and my severance package would cover 60 days of pay. I started looking for another job almost immediately and have noticed my same position, same title in my same department as been reposted on my company’s website. I have only worked there for 6 months and had never had a performance review nor had I ever met one on one with my manager. Also, there is another person who started in my department 3 months after me and that person’s position was not eliminated. I am not sure why my position was chosen but wouldn’t even have questioned the motive until I saw my position reposted. My question is it legal for an employer to use a workforce reduction plan and then post the same position in less than one week?

Asked on February 28, 2016 under Employment Labor Law, Indiana


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

Answered 6 years ago | Contributor

The fact is that in an "at will" employment relationship, an employer can set the conditions of work much as it sees fit. This includes who to fire, when and why. In fact an employee can be terminated due to an alleged workforce reduction or for any reason or for no reason at all. This is true unless this action violates the terms of a union agreement, employment contract or even company policy itself. Also, such treatment must not have been due to any form of legally 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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