Workforce Reduction Can the employer repost my position imediatly

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Workforce Reduction Can the employer repost my position imediatly

I was informed that my position was eliminated after my company had announced it’s workforce reduction plan. I was offered a severance package and told that my last day would be two weeks from the day they gave me notice and my severance package would cover 60 days of pay. I started looking for another job almost immediately and have noticed my same position, same title in my same department as been reposted on my company’s website. I have only worked there for 6 months and had never had a performance review nor had I ever met one on one with my manager. Also, there is another person who started in my department 3 months after me and that person’s position was not eliminated. I am not sure why my position was chosen but wouldn’t even have questioned the motive until I saw my position reposted. My question is it legal for an employer to use a workforce reduction plan and then post the same position in less than one week?

Asked on February 28, 2016 under Employment Labor Law, Indiana

Answers:

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

Answered 5 years ago | Contributor

The fact is that in an "at will" employment relationship, an employer can set the conditions of work much as it sees fit. This includes who to fire, when and why. In fact an employee can be terminated due to an alleged workforce reduction or for any reason or for no reason at all. This is true unless this action violates the terms of a union agreement, employment contract or even company policy itself. Also, such treatment must not have been due to any form of legally actionable discrimination.`


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