Is it legal to terminate someone because their position was supposedly eliminated but then post it on the company career site?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it legal to terminate someone because their position was supposedly eliminated but then post it on the company career site?

I was terminated because the new client contract my employer signed did not have funding for my position, however my position responsibilities with a new title are posted as an open position on the companies website. I applied for the position which was never offered, nor mentioned at me termination. The company refused to respond. I also received a severance offer that states I can never work for the company or affiliates in the future. I was told simply, my position was eliminated and it has nothing to do with performance or anything else. Why would they want me to sign this?

Asked on September 2, 2011 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you did not have an employment contract guarantying your job, you may be fired at ay time, for any reason, and a company is not obligated to offer you any new position, even one which matches your old postion exactly. Also, the company is not barred from firing you, then immediately looking to hire somoene new for the job.

If the company fired you for a discriminatory reason--e.g. because of your race, religion, age over 40, sex, or disability--then that would be illegal and you may have an employment discrimination claim. But otherwise, as stated, they can do what you describe.

It doesn't matter why they said what they did, so long as they did not discriminate. There are, in any event, many reasons why they might have said what they did--for example, maybe a client didn't like you, and they wanted to spare your feeling; maybe you performed poorly,  but they wanted to give you a face saving excuse; maybe they fired you to hire a friend of the boss, which is legal, but which they might still be embarrassed about; etc.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption