Can a company lay people off because their position was eliminated and then move someone from another area whose position was elimated into it?

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Can a company lay people off because their position was eliminated and then move someone from another area whose position was elimated into it?

My position was eliminated along with coworkers. i was told i am going to be giving a position that was elimated and i do not have the option for severence. Also, when i asked for the denial of severence in writing i was told i could not have it.

Asked on May 28, 2009 under Employment Labor Law, Massachusetts

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless you have a contract that governs your employment (or, very rarely, an employee handbook or company rules that are written in a way that forms a contract), employment is "at will," meaning there doesn't have to be a reason for layoffs, and I don't know of any state that requires severance pay.  The transfer into another position is better than nothing, here.  I'm not a Massachusetts lawyer, and I don't have all the facts of your case, which might well make a difference.

If you want a reliable explanation of your rights, and advice on how to deal with this situation, please see a qualified lawyer in your area.  One place to look for an attorney is our website, http://attorneypages.com


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