If the company that I worked for let me go from my job due to downsizing but then hired a replacement, do I have a case?

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If the company that I worked for let me go from my job due to downsizing but then hired a replacement, do I have a case?

The company let me go due to downsizing, they stated that my position had been eliminated, but they hired someone in the same position less that a week later.

Asked on April 29, 2012 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You most likely do not have a case. Unless you had an employment contract, you were an employee at will: as such you may be terminated at any time, for any reason, and, furthermore, your employer is under no obligation to tell you the reason (or the true reason). The only exception would be if you believe that you were actually terminated because you were discriminated against on a specifically protected characteristic--for example, due to your race, sex, religion, age over 40, or disability. If you think that was the case, you may have a legal claim, and should consult with an employment law attorney.


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