What to do if my position will be eliminated soon but my employer refuses to tell me when I can expect my last day?

UPDATED: Mar 2, 2012

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What to do if my position will be eliminated soon but my employer refuses to tell me when I can expect my last day?

My non-profit has just gone through a merger and my position is being eliminated as a result. My new boss, however will not tell me when it will be eliminated, just that it will. It is preventing me from looking for another job and I believe that I am being unfairly treated by not being given the information necessary to find new employment after being laid off.

Asked on March 2, 2012 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

1) Unless you have an employment contract which requires notice of termination or lay-offs, your employer is not required to give you any notice or warning. Indeed, in giving you warning that your position will be eliminated at some point, your employer has gone beyond legal requirements--you could have simply walked into work one day to find out your position is gone.

2) Nothing is preventing you from looking for a new job--people look for new jobs while still employed all the time. (Indeed, conventional wisdom is that is better to look for a new job while employed, rather than waiting until you have been fired or laid off.)

3) Regardless of whether you feel this treament is unfair or not, the law does not require fairness in this regard.

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 AttorneyPages.com 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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