What are my rights ifI was just laid after a move to another state?

UPDATED: Feb 21, 2012

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What are my rights ifI was just laid after a move to another state?

My company made me move out of state. Just after 3 months I was laid off. They said the reason was lack of work but many people were laid off due to company cuts. They paid for my moving and other stuff during my move but they were supposed to pay me an extra rent/buy home package every month. Now they pay me nothing – not even a severance package during lay off, etc. Do you think I can sue the company?

Asked on February 21, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You may be able to sue your employer. There is a legal theory or doctrine called "promissory estoppel" which may give you grounds for recovery. When party A promises (or represents) something to party B, and--

1) Party A intends that party B should rely on that promise;

2) It is reasonable to rely on the promise;

3) Party B does in fact reasonable rely on the promise;

4) In reasonable reliance thereon, Party B does something to its detriment--like relocating or moving; and

5) Party A, at the time it made its promise, either knew or reasonably should have known that Party B would take that detrimental action--so, for example, they knew you'd have to move out of state for the job

--these factors can make the promise binding or enforceable, even when there is no formal agreement or contract between the parties. From what you write, you may have grounds to sue for either a job or for monetary compensation; it would be worth you while to consult with an attorney in detail about the situation. An employmentt law attorney would be a good choice to speak with. Good luck.

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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