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

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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

Answers:

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

Answered 9 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.


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