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 Andrea, Esq. Your Own Question

Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11635
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
20073497
Type Your Employment Law Question Here...
Andrea, Esq. is online now
A new question is answered every 9 seconds

What are your rights as an employee during a company reorg? My department is going through

Resolved Question:

What are your rights as an employee during a company reorg? My department is going through this. I had to reapply for my job. My job and a few others were internal competition only. No one outside of my department could apply for the roles. There were 6 jobs and 7 possible employees. I was not offered my job back and the role was not given to anyone else. It appears all other roles were filled by the current employees. I recently saw the job posted externally? I noticed some of the unique language I used on my résumé to describe my role was included in the description. Should I ask for any feedback as to why I wasn't offered the job? Investigate further? Seek council?
Submitted: 1 year ago.
Category: Employment Law
Expert:  Andrea, Esq. replied 1 year ago.

Hi, Tanya, my name is XXXXX XXXXX I will be glad to assist you with your question,

 

1. Were decisions made based on resumes only, or did you and the other employees have to be re-interviewed ?

 

 

2. Do you believe that you have been discriminated in any way, based on race, color, creed, religion, age, gender, or disability ?

 

 

Thank you and I look forward to your reply,

 

 

 

Customer: replied 1 year ago.
We were all reinterviewed by our current manager.

I don't think I've been discriminated against, but I am the only minority.
Expert:  Andrea, Esq. replied 1 year ago.

Thank you for your reply, Tanya, and for your additional information,

 

You asked,

 

" I noticed some of the unique language I used on my résumé to describe my role was included in the description. Should I ask for any feedback as to why I wasn't offered the job? Investigate further? Seek council? "

 

Answer

 

You should ask for feedback as to why you were not offered the job. The fact that the job description used by your former employer were the words you used to describe your responsibilities on your resume makes the former employer's decision not to hire you very suspect. Be sure that the feedback you receive makes sense on why you were not offered a position after the reorganization. Not only think about the actual feedback, but also consider who is giving you the feedback, i.e., do they have something to gain or lose if they give you honest feedback, how reliable is their feedback, who is their source for this feedback.

 

I also believe that you should investigate further to double check the feedback you are getting. The only reason I am making these suggestions is because of the similarity between your resume and the job description. It appears to me that you should have been offered the position, and the fact that 6 others were offered their positions back, but you were not, and you are the only individual who is a member of a minority. If I were in your position, I would get as much information as I could as quickly as possible, think about it for a day or two and then file a formal Complaint with the Equal Employment Opportunity Commission ("EEOC"). You have nothing to lose and if it is found that the reason you were not re-hired was based on any of the grounds of discrimination, you would have a pretty strong case against the employer for wrongful termination. Any formal Complaint with the EEOC must be filed within 180 days of the event giving rise to the discrimination. Once you receive your "Right to Sue" letter from the EEOC you can then file suit against your former employer,

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you receive a Survey from JustAnswer, I would appreciate a rating of 10 and it improves my chances of helping others on this website

 

ANDREA

 

Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11635
Experience: 25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
Andrea, Esq. and 10 other Employment Law Specialists are ready to help you

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.
 
 
 

Related Employment Law Questions