• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Am I entitled to compensation?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

vkp

Junior Member
What is the name of your state (only U.S. law)? New York
In 2002 I was recruited to apply for a recently created position within the local county government.
I was chosen and provisionally appointed by county board of supervisors. After my probationary period I had to pass the civil service exam with a top three score (which I did) and was appointed my civil service classification. I held the title of Director of Operations.

In 2004, the board of directors that oversaw the "Authority" that I was working for voted to eliminate the job title I held. The reason for this was that the Authority was nearly out of money and the board refused to raise utility rates (I agree that they should not have raised rates). They had to eliminate the position because they could not lay me off or terminate me (there were no performance issues, or disciplinary actions in my file).

After my position was eliminated The Chief financial officer for the Authority came to me to confess that she had fought to keep my position from ever being created because she knew that there was not enough funds to maintain the position. Her protests were ignored and she was told by the Executive Director to "shut her mouth and stay quiet" about the finances. The Executive Director needed help and was willing to create the position and then try to get the Board of Directors to raise rates. After two years the director was still unable to get a rate increase and my position was eliminated.

When the position was created the Executive Director had to fill out forms that asked a series of questions about the need for the position and the ability to maintain the expenses associated with the position. The Director lied (obviously) about the financial stability of the Authority in order to accomplish her own objectives.

Do I have legal ground to pursue compensation?What is the name of your state (only U.S. law)?
 


eerelations

Senior Member
If you have a contract that requires you be given a severance payment if your position is ever eliminated, then yes, you are entitled to compensation as described in your contract. Absent such a provision, however, no. Employers are not required to compensate employees they let go unless such compensation is specified in a legally binding contract agreement.
 

ESteele

Member
You can always confer with a local employment law familiar with litigation against the county government. However, I cannot foresee how you can maintain a lawsuit nearly eight years after your position was eliminated. Even assuming you had a potential cause of action, it would appear the statute of limitations would have expired on such a claim.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top