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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 12554
Experience:  25 yrs. of experience in employment law, real estate and business law, family law, criminal defense and immigration.
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What are your rights as an employee during a company reorg? My department is going through

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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?

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 3 years ago.
We were all reinterviewed by our current manager.

I don't think I've been discriminated against, but I am the only minority.

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,

 

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ANDREA

 

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