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 wallstreetfighter Your Own Question
wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 17080
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
16356563
Type Your Employment Law Question Here...
wallstreetfighter is online now
A new question is answered every 9 seconds

Im a VP in IT at a major healthcare insurance company. My

This answer was rated:

Im a VP in IT at a major healthcare insurance company. My company was just acquired and due to consolidations planned, i had requested to have my position eliminated and to have my responsibilities spread across 2 or 3 other VPs. Even though a senior leader / former CIO who has now left the company previously approved the job elimination, the new company execs and HR will not approve. After being told the company would not approve a position elim for me, i tendered my resignation yesterday effective tomorrow June 28. Today i have learned that that my responsibilities will be divided and my exact position will no longer will exist. Do i have any legal rights?

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

Since you resigned your legal rights would be limited,

wallstreetfighter :

however, if you had a contract,

wallstreetfighter :

you may be able to claim that they intentionally lied to you to force you to quit your position,

wallstreetfighter :

You would have to claim a constructive discharge lawsuit, where you claim that the new employer created such a toxic workplace,

wallstreetfighter :

that you had no other option but to quit.

Customer: ok. Thanks
wallstreetfighter :

I would retain a local attorney to send them a letter threatening legal action, due to their actions,

wallstreetfighter :

the employer may try to settle with you, or come to some accommodation, where you can have the new position.

Customer: I do not have an employment contract. Just very upsetting that they elim my position after saying they wouldnt
wallstreetfighter :

Without a contract it is harder,

wallstreetfighter :

however, if you want to threaten them to see if they will try to settle with you,

wallstreetfighter :

consider sending the letter threatening legal action, and that may force them to settle

Customer: Ok. Thank you
wallstreetfighter and 4 other Employment Law Specialists are ready to help you