do i have any legal recourse to a layoff, where my employer hired another at a lower payrate to do my job?

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do i have any legal recourse to a layoff, where my employer hired another at a lower payrate to do my job?

Asked on May 27, 2009 under Personal Injury, Ohio

Answers:

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

Answered 12 years ago | Contributor

Probably not.  Unless you have a contract of employment, or there was an employee handbook which can be treated as a contract (and this is rare), your employer doesn't need to have a reason to let you go.  This is called employment "at will," and it is the law, with minor variations, in every state.

There are exceptions, though, illegal reasons for firing or layoffs, such as discrimination.  Simply wanting to pay less for the person in your job isn't illegal.  But it's possible that if you are an older worker, and were replaced by someone much younger, there might be age discrimination at work.  If you can prove that, you might be able to collect damages for this.

Employment discrimination cases are typically difficult, and you need an attorney who does this kind of work regularly to have a chance of success.  That lawyer will need to review all the unique facts of your case, to tell you whether this is worth pursuing.  One place to look for the attorney you want here is our website, http://attorneypages.com


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