Can you sue a company that lays you off stating that your position has been eliminated due to restructuring and then a month later post the same position online?

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Can you sue a company that lays you off stating that your position has been eliminated due to restructuring and then a month later post the same position online?

Asked on June 20, 2014 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You could only sue them (with any chance of winning, that is; almost anyone can file a lawsuit, but the issue is whether you have a valid case) IF you believe you can show that you were actually fired due to a discriminatory reason (the main ones are due to your race, sex, religion, disability, or age over 40) or in violation of an employment contract (if you had one; most of us don't) and that the stated reason, eliminating the position, was just a pretext or cover-up for the illegal reason. Otherwise, without an employment contract, all employment is employment at will; employers can hire and fire people at any time, for any reason, and do not have to be consistent, as long as they are not engaging in illegal discrimination. (Note that a manager or supervisor not liking you personally, or wanting someone else other than you to do the job, is legal.)


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