Can a company ‘eliminate your position’ but immediately promote someone under you ?

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Can a company ‘eliminate your position’ but immediately promote someone under you ?

I was told my job was being eliminated and
then a few days later was told that they were
internally promoting someone who was under
me to take over my role. I feel like this is shady
and would like to know more about my options
here.

Asked on May 24, 2017 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 7 years ago | Contributor

The fact is that unless you had an employment contract or union agreement that prohibited this action, it was legal. This included who to fire and who to hire. As an "at will" worker, your company could set the conditions of employment much as it saw fit (absent some form of legally actionable discrimination).

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

Answered 7 years ago | Contributor

The fact is that unless you had an employment contract or union agreement that prohibited this action, it was legal. This included who to fire and who to hire. As an "at will" worker, your company could set the conditions of employment much as it saw fit (absent some form of legally actionable discrimination).  


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