How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Law Educator, Esq. Your Own Question

Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92595
Experience:  20+ Years of Employment Law Experience
10285032
Type Your Employment Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I was laid off from Office Depot on Wednesday morning and

Customer Question

I was "laid off" from Office Depot on Wednesday morning and was told my "position was eliminated" and given a package. I was the senior person on a 8 member team. When I pointed out that if one position was eliminated, how did I get selected, I was told it was "numbers." I went to the office today to retrieve a personal item and at the same time a man came in for a job interview with my former manager. While standing next to this person, I called my former senior manager and asked if my position was eliminated or was I being replaced as I was standing next to someone here for an interview. I was told my position was eliminated. I then spoke to my former manager who told me the same thing. He then introduced himself to the interviewee and took him upstairs. I then called my HR rep who told me there should have been no interview as there was no position to interview for. She would look into the situation in case they were pulling a fast one. I want to know if I can sue?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 5 years ago.
As an employee without a written contract, you are an at will employee and can be dismissed for any reason at all as long as it was not based upon your age/race/sex/disability. Senior team members are often the ones let go first since they generally make the most money and that is the economic decision of the company. Also, if they gave you severance and had you sign a severance agreement, you likely waived any right to bring suit. Of course, in this instance it really does not appear you have much of a case unless you can prove you were dismissed based upon your age/race/sex/disability and if you did not sign a severance agreement waiving your rights to sue.


I hope you found my answer helpful, please click on the GREEN ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/profile.aspx?PF=10285032&FID=39 or beginning your question with “For PaulMJD…”

Customer: replied 5 years ago.
My "package" has a 7 day window and I think I was "laid off" under false pretences. Did you read everything I wrote?
Expert:  Law Educator, Esq. replied 5 years ago.
I read what you wrote and whether you were laid off for false pretenses or because they did not like you does not matter the law says at will employees can be terminated for no reason or any reason at all except for unlawful discrimination (age/race/sex/disability). Thus, if you cannot prove your layoff was based solely on your age/race/sex/disability, you really have no legal cause of action. Especially since before you could sue for discriminatory discharge it must be filed as a complaint with the state commission on human/civil rights and the EEOC and they must determine whether or not you have grounds to go to court. So, even if you rescind your severance, you are rolling the dice big time unless you have some proof you were terminated based upon your age/race/sex/disabillty, not that you were lied to or fired under false pretences.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 92595
Experience: 20+ Years of Employment Law Experience
Law Educator, Esq. and other Employment Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you. I appreciate your response and your frankness. This is the worst economic situation since the great depression and therefore the worst time to have to look for a new job. I am very fearfull I will not be able to find a job to support myself and my daughter as a single parent. Have a good night.
Expert:  Law Educator, Esq. replied 5 years ago.
That is a problem in ALL occupations and we can only hope it goes away soon. I wish you the best of luck.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.
 
 
 
Chat Now With An Employment Lawyer
Law Educator, Esq.
Law Educator, Esq.
Attorney At Law
13012 Satisfied Customers
20+ Years of Employment Law Experience