Do I have a wrongful termination claim if the company is allegedly downsizing?

UPDATED: Sep 30, 2022

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Do I have a wrongful termination claim if the company is allegedly downsizing?

I was terminated after 4 years of employment due to downsizing yet the company boasts about how well they are doing. I’ve never been late; I’ve never been reprimanded; I’m out on most of the jobs. Others make more money than I do and have company vehicles with all expenses paid without being recorded as income or taxed on it. How can I be let go for downsizing?

Asked on February 18, 2016 under Employment Labor Law, Ohio


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

Answered 6 years ago | Contributor

Is your treatment due to some form of actionable discrimination? In other words, is it due to your race, religion, nationality, age, disability or gender? Does this action violate company policy, a union agreement or employment contract? If not, then I'm afraid that your former employer has done nothing illegal. The fact is that in "at will" employment, a company can set the terms and conditions of the workplace much as it sees fit or deems necessary. This includes who to hire and fire. It also includes being able to give some employees preferential treatment over others (subject to the discrimination discussed above).

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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