Do I have cause to sue or at least demand severance?

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audiobrew

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McHenry County, Illinois

I am seeking some legal advice regarding recently being fired. I was let go the week before last. I know Illinois is an at will state, but I am hoping that the circumstances of my hire and fire will allow me some kind of recourse.

When searching for a Manufacturing Engineer position, I responded to the job listing of "PLANT PROJECT PRODUCT ENGINEER". The description in the listing started, "As the President of my company I am looking for a dynamic person who has the ability to take on projects working with customers, the drafting engineering organization, the purchasing group and finally production in order to get the product made in accordance with the customer specifications." It further revealed, "I need a person who is technically competent, who understands drafting, knows manufacturing engineering, project management, process improvement and knows how to work with management and employees in order to achieve results." It also stated, "We will expose you to a broad range of activities, products and needs, and allow you the freedom to exercise your skill and ability to effect positive results."

I went through a few interviews, first with an outside consultant, then with the company president. The president offered me the position on my second interview with him. I accepted on a later phone call with him. My first worry came when I was emailed the official offer for the position of Product Designer. I thought that all the duties required of this dynamic person they were looking for were not fully encompassed by the title of "Product Designer." But, I figured that things would work out. However, on my first day, I was handed the job description for a Product Designer, and it seemed significantly different that what I thought I was being hired to accomplish. The job summary stated, "Prepares engineering plans by drawing components and parts. Prepares rough sketches; final drawings; identifies and verifies specifications; modifies drawings; resolves discrepancies; maintains data base; maintains technical knowledge; contributes to team effort." Nothing "dynamic" about that.

Later, on my first day, I met my new boss, the department manager, who was not part of my hiring process, nor knew about my hire until the day before I arrived. He explained to me that my role was to sit at my desk and crank out lightning fast drawings for new designs. The president briefly tested my drafting skills, but never revealed that drafting would be all that I was to do. And, I did not sign up to sit and draw all day - because I know that I am not that fast at it. And, this company being a job shop, speed is king. So now, I was stuck in this position, where I felt I did not belong, doing the best I could, and looking bad at my job the whole time. My boss believed in me and my work, because it was high quality, and tried to protect me from the lime light being shined on my low quantity output.

I spoke with my boss many, many times about the disparity between what I applied and interviewed for, and what I was actually doing. But, each time, he would argue against my worry, keeping me at bay. Thus, I never went over his head about it. I mainly did not go over his head about it, because, after about 60 days at the company, I got a visit from the GM. In a private meeting, he told me that they (he, the president and the Ops Mgr) wanted me to become the subject matter expert, and to eventually run the department. From that meeting, I learned that I was basically hired as a plant, doing work that I did not want to do, nor sign up for, just to become the department manager - a job I did not want either.

And, in a final revelation of my predestined plight, in the meeting in which the Ops Mgr was firing me, my boss revealed that he originally asked the president to hire a junior draftsman. Well, the fact is that I am neither junior, nor a draftsman!

Well, after six months, my inadequacies at the job they stuck me in caught up to me, and they let me go. I protested the unfairness of the firing and about how what I was doing was different from what I thought I was hired to do. The Ops Mgr said he sympathetic, but that they had to do what they had to do. Somehow, it does not seem too fair to be fired from a job that I did not sign up for, especially in this economy. Does at will employment apply if I was baited and switched against my will?

Anyway, if you think I have a case, a position to demand severance or some other kind of recourse, please respond as soon as possible.

Thank you for your time.

-Dave
 
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Severance is not required by law so you have legal grounds to "demand" it. You can ask for it; they can agree or refuse as they choose.

And no, you have no grounds on which to sue.
 
Thanks, cbg. Unfortunately, I have great difficulty believing that I have no legal recourse, when it is obvious that I was purposely deceived during my hiring.

Can anyone explain how this does not constitute some sort of fraud?

Also, does anyone have any advice regarding requesting severance from the president of the company?
 
cbg is one of if not the most knowledgable persons on labor law issues I have ever encountered. If you do like her advice you can certainly consult an Attorney. However I suspect the Attorney will tell you same thing
 
The thing is, your employer may legally assign you to any duties they want, unless those duties are either illegal or unsafe by OSHA standards.

It also appears that in your offer letter they indicated what the duties would be. You could have questioned it at the time but you opted not to.
 
Thank you very much, cbg and jacksgal.

I think I will go ahead and take the only recourse possible at this point - write to the president of the company and ask for severance, based on his deception. I do realize that all that it will accomplish is maybe some closure on my part, but I feel I must make some attempt to write this wrong.

Any objections?
 
It's not for me to object or not object. All I'm here to do is tell you what the law says about your question. What you do with that information is up to you.
 
I understand.

I was merely trying to seek a response of whether or not writing a letter to the president regarding severance could backfire in some way.

I apologize that I cannot afford an actual lawyer to lay out my options. It is obvious now that what I have found in this forum is yes or no answers, not options.

I need options.

Thank you again for your time.
 
It depends on what you mean by, backfire. You can't be sued for asking for severance, if that's what you mean.

If you send a letter to the president of the company asking for severance, he might grant it. He might send you a letter saying no. He might drop it in the wastepaper basket and never think of it again.

If you are looking for an option that will guarantee you the response you want, it doesn't exist.
 
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