Can my employer lay me off supposedly due to a workforce reduction yet days lateradvertise my job but for less money?

UPDATED: Jul 12, 2011

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Can my employer lay me off supposedly due to a workforce reduction yet days lateradvertise my job but for less money?

I was laid off 2 weeks ado; 9 days later they posted the ad. They are offering almost $3.00 less an hour in the ad they put out. I was advised to contact a lawyer because it seems like it should be illegal to do as they have done without ever offering me a chance to keep my position even at a reduced rate.

Asked on July 12, 2011 under Employment Labor Law, North Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Actually, it is perfectly legal for an employer to do this. While unfair, it does not on the surface appear to violate any law. The reason is that in an "at will" employment situation an employee can choose whether or not to work for a specific employer. On the other hand, an employer can decide whether to hire or fire an employee, and what the terms of employment will are to be (including  the release an employee). Therefore an employer can fire an employee for any reason (even a bad or false one), with or without notice.

The exception to this would be if such action violates specific company policy or a union/employment contract. Additionally, employment must not play a factor here. So for example, if you were let go to yo your race, disability or age (over 40), etc. then you would have a claim.

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 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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