Can a company lay people off because their position was eliminated and then move someone from another area whose position was elimated into it?
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Can a company lay people off because their position was eliminated and then move someone from another area whose position was elimated into it?
My position was eliminated along with coworkers. i was told i am going to be giving a position that was elimated and i do not have the option for severence. Also, when i asked for the denial of severence in writing i was told i could not have it.
Asked on May 28, 2009 under Employment Labor Law, Massachusetts
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
Unless you have a contract that governs your employment (or, very rarely, an employee handbook or company rules that are written in a way that forms a contract), employment is "at will," meaning there doesn't have to be a reason for layoffs, and I don't know of any state that requires severance pay. The transfer into another position is better than nothing, here. I'm not a Massachusetts lawyer, and I don't have all the facts of your case, which might well make a difference.
If you want a reliable explanation of your rights, and advice on how to deal with this situation, please see a qualified lawyer in your area. One place to look for an attorney is our website, http://attorneypages.com
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