Wrongful Termination?

Question

Has anyone every been terminated because their specific position had been eliminated (accountant/construction budgets), and; has anyone filed suit against such. Looking for some answers and whether or not to pursue a WT.

Thanks

Answer 1

position eliminated, you had nothing more to offer.......and no suit now.......

Answer 2

Wrongful term must be predicated on illegally terminating an employee. Eliminating a position is not in itself illegal - companies eliminate positions all the time, for financial reasons, to move jobs elsewhere, to outsource etc.

Wrongful term comes into play when a company's decisions to eliminate jobs are based on other, illegal factors (deliberately or sometimes inadvertently.) These things could include terminating mostly employees who are in a "protected class" based on the Title IX criteria for discrimination - employees over 40, females, or minorities. If everyone whose job was eliminated is close to retirement, for example, and the company chose to retain only younger workers, that has strong potential for a wrongful term case.

It could also include terminating an employee in retaliation for filing a sexual harassment complaint, claiming a safety violation, or voicing other concerns about how the company governs itself - for example, if an Enron employe had been fired for raising an objection to the company's accounting practices, that could have been a wrongful term.

You can find more info about discrimination and other illegal corporate activity at www.dol.gov, or www.eeoc.gov. Good luck.

Answer 3

Since your position was eliminated because of economic or competative pressures, there are no grounds for a lawsuit. (The "Golden Rule" is applicable here - "Whoever has the gold, makes the rules").

Unless you can show that you were "eliminated" through no fault of yours, and all, or most, of your responsibilities were assigned to another employee, and you are in a "protected class", you could have a basis for a "wrongful termination" suit.

Otherwise, collect your unemployment and move on.

Answer 4

If your position is eliminated, on what grounds would you sue for wrongful termination ? Unless you had a written employment contract, you are an employee at will, and have no entitlement to a job if the job you are doing is eliminated or moved on to other departments.

Answer 5

No wrongful termination here if your position is eliminated.

Answer 6

what is wrongful termination grounds here???? what do u want your damages to be? you can only sue for wrongful termination on basis of sex, age(limited) religion nation origin race, or disability or if you made a complaint to some governing agency. most any other reason is legal.