What are my rights if I was permanently laid off due to economic reasons but they hired a replacement for my position within2 months?

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What are my rights if I was permanently laid off due to economic reasons but they hired a replacement for my position within2 months?

Although the company claimed that I was laid off due to economic reasons they recorded record profits.

Asked on January 26, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

As a general matter, an employer may fire an employee at any time, for any reason; furthermore, an employer may generally replace a terminated employee at will, even if the ostensible reason for termination for economic or financial. There are exceptions, however:

1) If the employee has an employment contract (including union agreement), then the employee may not be fired in a way which violates the terms of that agreement or contract.

2) If the stated reason for termination was a pretext, and the employee was really fired because of his/her race, religion, age over 40, disability, or sex.

3) If the stated reason for termination was a pretext, and the employee was really fired for making a protected claim (e.g. for overtime, or about discrimination), for using a protected benefit (e.g. FMLA leave), or for reporting certain criminal or safety violations.


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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