but they just hired a guy in and im sure are paying him more than i was makeing what do i do do i have any legal rights?
2007-07-05 16:49:53 · 5 answers · asked by steve and angie 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
While it seems that we should have some recourse when we feel that we have been wrongly terminated by a company. If your company has a union or if you have a contractual agreement personally with the company, you may have some means to appeal this, but chances are that you are an at will employee and the company has a right to hire whoever they want for what ever reason.
Just a thought, if the person who was hired in your place is a different race, religion or gender you might be able to file a suit under a discrimination statute.
At least you should be able to get unemployment until you find your next job.
Good luck with the job hunt.
2007-07-05 17:01:13 · answer #1 · answered by jdm6235 3 · 1⤊ 0⤋
Look at www.eeoc.gov to see what is considered discrimination. You should also look at your state's Human Rights Department, usually each state has a website for this. If you believe that your layoff is due to discrimination that is listed, you have a right to file a discrimination complaint with the State and with the EEOC.
Other than discrimination on age, sex, race, ethnic origin, religion, marital or military status, as the others said unless you are under a Union or Employment contract you are an at will employee. Employers can layoff at will employees of any or no reason. File for unemployment benefits and start looking for another job.
2007-07-06 12:41:27 · answer #2 · answered by CatLaw 6 · 0⤊ 0⤋
If they hired someone who is performing the same job as you are, and if that someone happens to be younger than you are, or if you are a minority and they are not, then you may have some legal recourse.
If you are the only person being laid off and you are being replaced, you may be a victim of discrimination if any of the above statements are true.
If it is a mass layoff and employees in all classifications are being affected, it is unlikely that you'll be able to prove a discrimination claim (it does happen though - for example, if you're over 40, the company must provide to you a list of all employees who were and were not affected, and their ages. You may find that everyone who was laid off is approaching retirement age and everyone who is staying is under 40 - that would be discriminatory.)
Good luck.
2007-07-06 12:32:30 · answer #3 · answered by Mel 6 · 0⤊ 0⤋
"Legal rights?"
For what? There is supposed to be something called "freedom" and they're free (or should be) to hire and fire whom they want.
What reason should there be to keep someone that is not wanted under the threat of force? That is Socialism at it's finest, but it's not the system we live under, fortunately.
Do you want your freedom of association removed?
2007-07-05 23:55:29 · answer #4 · answered by Anonymous · 2⤊ 1⤋
None employment is at will, sorry
2007-07-05 23:55:03 · answer #5 · answered by Pengy 7 · 3⤊ 1⤋