Laid-off for lack of work?

[aleesha93]

I was laid off from my former employer in 8-06. The reason given to me was due to lack of work in my office. Since then, the corporation has hired two more people to do the job I was doing. I was never "written up" for my performance or any conduct issues. So I really don't know what the real reason for this was. My administrator, from that job, called me recently and told me he asked the current board at the annual stock holders meeting, why I was let go. They said they didn't vote on the decision, that it was a spur of the moment decision made by the interim administrator that was employed there at the time. The new secretary interjected that no one person could do the work that the office required. It just doesn't make any sense. Altogether, there are three people now emplyeed in the office, and as I said, two people are doing the job I was laid off from. My previous administrator wanted me to follow up on this, and if needed, will help with any preparations if there is any legal recourse that can be taken.
Thank you!

 

[jacksgal]

No there is nothing you can do. Minus a cba or employment contract you can be terminated with or without cause at anytime. On the reverese you can quit also. Unfair is not always illegal. In order for you to claim wrongful terminatin your termination would need to be unlawful, yours was not. I am sorry

 

[cbg]

There is no legal requirement that you have received warnings, notices or writeups before you can be let go. In an at-will state, which is every state except Montana and even includes Montana in some circumstances, you can be fired at any time and for any reason except one specifically prohibited by law.

Nothing you have posted suggests any illegality. As Jacksgal says, unfair does not equate to illegal.

 

[Green_Hornet]

Let me understand this the board has found they erred in your dismissal;and found it takes two people to do your work,so now the administrator wants you to return?

 

[aleesha93]

No. Actually, they didn't dismiss me. The person they hired in a temporary position as administrator, actually told me first that I was going to be taken from full time to part time. I was fine with that and told him it was okay. Then 2 or 3 weeks later he tells me that the Board decided there wasn't enough work for me in the office, that my job was being eliminated. This new administrator and I never had a very good working relationship, so I assume now as well as then, that was his way of dismissing me. After about 2 months I learned that they had hired someone to replace me. Then just last week, my previous administrator (not the one that dismissed me) called me after a stockholders meeting to tell me that the Board DID NOT dismiss me, that the temporary administrator took that on himself. Now there are 2 employees doing the job I did alone. My previous boss wanted me to take this to court and see what would happen. He feels that the dismissal was personal because he said my work was supberb and that he should know because he was my boss for two years before the temp. was even thought about. I know, it sound confusing! Just think how I feel knowing that I got a bum rap from a man that had never stepped foot in an office before.
Thanks!

 

[Green_Hornet]

Its very confusing, you can be removed anytime without a contract. However since a board member recommends seeing an attorney,he may have a reason that can not be found in this post.

 

[cbg]

You do realize that if your layoff happened in 2006, EVEN IF there were a legal issue the statute of limitations has almost certainly expired, right?

 

[Green_Hornet]

You do realize that if your layoff happened in 2006, EVEN IF there were a legal issue the statute of limitations has almost certainly expired, right?

That not necessarily true it depends on the theory of law.

 

[cbg]

Granted. But the odds are pretty good, especially considering that there's no obvious cause of action in the first place.

 

[aleesha93]

Yes, I am aware that the statute is for 2 years.
Thanks for all your input. It is greatly appreciated.

 

[Green_Hornet]

In most cases its three years (state court),the reality is if a cause for an action exists. It should be moved on sooner rather than later.

 

[cbg]

Not so if the claim is for discrimination. It's less than one year in almost all states for that.