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Do I have any recourse after lay off

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hers241

Junior Member
I was laid off about 2 weeks ago from my job with a real estate developer. The company is under legal and financial pressure. They recently lost control of a high profile project in a foreclosure suit brought on by the bank. They have appealed the court decision and the President vowed that anyone working on the project would be kept on board until things are sorted out. He stated this in a staff meeting and emails. His statement was also mentioned in various media outlets. I was an integral team member on this project however I was still let go with about 9 other people who did not work on the project "due to the economy". I believe they used the cover of a "lay off" to let me go for personal reasons. I was offered severence pay which I have not agreed to because I find their offer unacceptable. Do I have any recourse against my employer since I worked on this project and my job was suppose to be "secure"?
 


commentator

Senior Member
Well, since you didn't mention what state you were in.....there's one state where you might have some recourse. Otherwise, you're probably an "at will" state, which means they don't really have to do anything they said they would do.

But you definitely have the right to file for and receive unemployment benefits if you were laid off through no fault of your own. Why would you have problems with the severance? They very likely don't have to give you any, you know.
 

hers241

Junior Member
I'm in Illionois, an at will state and I realize that they didn't have to offer any severence at all but I know that these things are always negotiable. Would it be worth it to ask for more considering the circumstances? I don't understand why they would not be held liable for promises made in writing....
 

Antigone*

Senior Member
I'm in Illionois, an at will state and I realize that they didn't have to offer any severence at all but I know that these things are always negotiable. Would it be worth it to ask for more considering the circumstances? I don't understand why they would not be held liable for promises made in writing....
Your initial post was deleted so I am missing details, but I am curious to know what makes you think a lay off is negotiable? There is nothing negotiable about you don't work here anymore;)
 

hers241

Junior Member
Antigone.....I was laid off from my job at a real estate development firm 2 weeks ago. The company lost a high profile project in a foreclosure suit from the bank however the company has appealed the court ruling and the CEO vowed that anyone working on the project would be kept on board. He said this in a company wide staff meeting and emails. He also made this statement to various media outlets. It was all over the news. I ended up being let go with about 9 other employees "due to the economy". I was the only one who worked on this "safe" project and I believe they used the cover of a "lay off" to fire me for more personal reasons. They offered severence pay which I have not agreed to because I find their offer unacceptable. I really wanted to know if my employer could be liable for his written statements regarding employment on that particular project. Also, I did not refuse my severence. I still have 30 days to review it....is it worth negotiating a better offer?
 

ecmst12

Senior Member
Since severence is not required by any law, you have zero leveredge with which to negotiate. You can ask, but there answer could very well be to withdraw the offer of severence completely. So make sure you are gracious when you ask.
 

Beth3

Senior Member
I believe they used the cover of a "lay off" to let me go for personal reasons. What personal reasons? If, for example, you and the boss or a colleague didn't get along, that's a lawful reason to lay you off/terminate your employment.

I was offered severence pay which I have not agreed to because I find their offer unacceptable.
So your theory is that you'd rather get nothing at all than an amount think isn't enough. I suspect you're shooting yourself in the foot.

Do I have any recourse against my employer since I worked on this project and my job was suppose to be "secure"? You'll have to speak with a local attorney to find that out. Even IF you have a suit to bring based on the promises made, you'll need to consider the enormous cost of litigation and the length of time this will take, which could well be years.
 

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