Recover moving costs after term?

[bbudney]

What is the name of your state? MA

The company offered me a $4,000 "settlement" (about $2,400 after taxes) to sign an agreement not to sue. Should I take it, or should I see a lawyer?

I moved at my own expense to take this job. Shortly after starting I was told that the owners had just sold the company. Four months later I was terminated (without a reason although I had been doing quite well) after seeing my boss and his boss being similarly terminated (and several other people quitting).

I am not beefing about the termination, but I believe that the company did me some harm by not disclosing the management change before hiring me, expecting me to relocate at my expense, and then terminating me abruptly without warning after four months. It cost me $10,000 to move (money that I had to borrow).

Do I have grounds to seek damages here?

 

[Beth3]

Do I have grounds to seek damages here? We can't possibly know because we don't know if the former management knew that your job would be eliminated after the sale of the company (probably not) or whether this was something unforseen. You're going to have to discuss your situation with a local attorney to see if you have a valid claim to bring.

 

[bbudney]

They certainly knew that there was a risk that they did not disclose up front.

It is not clear that my job was eliminated. They recently hired a younger fellow who probably took over my work. There may actually be a bit of age discrimination in this, but I have no way to prove it.

Do I have grounds to seek damages here? We can't possibly know because we don't know if the former management knew that your job would be eliminated after the sale of the company (probably not) or whether this was something unforseen. You're going to have to discuss your situation with a local attorney to see if you have a valid claim to bring.

 

[BelizeBreeze]

They certainly knew that there was a risk that they did not disclose up front.

It is not clear that my job was eliminated. They recently hired a younger fellow who probably took over my work. There may actually be a bit of age discrimination in this, but I have no way to prove it.

What you don't seem to understand is that there is no proof that previous management KNEW or had reason to KNOW that 1. the company would be sold and; 2. that all positions would be eliminated.

Also, there is no evidence that your employer, either past or present, is under any legal obligation to reimburse you for 'voluntary' expenses incurred due to transfer to accept the position.

The offer is not only fair based on the facts in your post, but is likely to be rescinded if not accpeted.

 

[bbudney]

> there is no evidence that your employer, ... is under any legal
> obligation to reimburse you for 'voluntary' expenses incurred
> due to transfer to accept the position.

That's the important point, I think. There is no contract on that issue... it is more like their negligence cost me money. Is that actionable? I dunno... which is why I asked you folks

The sale had been in progress for months and the deal was announced on my second day so, yeah, they new the company was being sold.

I do not assume that my job was eliminated. More likely, I was replaced by a young (and cheap) russian guy, although I have no solid evidence. I am over 40.

What you don't seem to understand is that there is no proof that previous management KNEW or had reason to KNOW that 1. the company would be sold and; 2. that all positions would be eliminated.

Also, there is no evidence that your employer, either past or present, is under any legal obligation to reimburse you for 'voluntary' expenses incurred due to transfer to accept the position.

The offer is not only fair based on the facts in your post, but is likely to be rescinded if not accpeted.

 

[Beth3]

The fact that there was a risk does not mean there is liability on the employer's part for not disclosing that to you pre-hire.

I'm not suggesting that you got a fair deal - just that the liability you seem to think is obvious may not be. You really need to see a local attorney for an expert opinion.

 

[BelizeBreeze]

That's the important point, I think. There is no contract on that issue... it is more like their negligence cost me money. Is that actionable? I dunno... which is why I asked you folks

And again, absent a specific contractural agreement for the repayment, you don't have a case.

The sale had been in progress for months and the deal was announced on my second day so, yeah, they new the company was being sold.

No, they did NOT know the company ws being sold. They knew that the company was being OFFERED for sale. And by they, I assume you mean the person who provided you the job. Which is an assumption not based on fact.

Many times only the chairman of the board and other board members, legal staff and the CFO know the details of negotiations. NOT everyone in the company.

I do not assume that my job was eliminated. More likely, I was replaced by a young (and cheap) russian guy, although I have no solid evidence. I am over 40.

Then you have no case and I would STRONGLY suggest you take the money. But that's not a legal opinion, only a personal one.





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[bbudney]

Thank you both. I am not digging my heels in. I am just trying to understand what is a negotiation point and what is not, and whether a lawyer can help with the negotiation.

Obviously there is no contract regarding my moving costs. But lawyers sue for coffee being too hot. If they can win that one, then why couldn't a lawyer negotiate a responsible response from my former employer regarding moving costs that they expected me to incur without informing me of the risks involved?

Especially when they may have liability on the age discrimination. If I cannot prove it then I might not be able to win, but they do have some downside risk here.

Anyway, I am asking for opinions, and I appreciate the help from both of you. Alas, we seem to have a split opinion here: one vote for seeing a lawyer, and one for taking the offer as it stands.

 

[Beth3]

You've got nothing to lose by seeing a lawyer before deciding to accept the offer on the table.