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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11691
Experience:  Significant experience in all areas of employment law.
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If I am offered a new job in the same facility and I gave up

Customer Question

If I am offered a new job in the same facility and I gave up my old job to take the new job and the day I start my new job, I was told that corporate decide to eliminate the job after they approved the job weeks prior. Then not allowed to have my old job back, but I am not fired. Do I have an action?
Submitted: 1 year ago.
Category: Employment Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Patrick, Esq. replied 1 year ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, employment in the state of Missouri is "at will" absent an express agreement to the contrary. At will employment can be terminated for any reason not amounting to discrimination on the basis of a legally protected trait (race, religion, gender, etc.) or retaliation for engaging in certain forms of legally protected conduct (filing a wage claim, taking FMLA leave, etc.). It doesn't matter whether the basis for termination is fair, reasonable or even true.

Since employees can be fired for virtually any reason, without regard to whether that reason is fair or good, employees can eliminate a position and deny an employee their old job back. Basically, the simplest way of looking at it is that no law requires an employer to keep someone employed. The employee can quit at any time, and at any time the employer can decide to end the relationship. They don't need to explain their decision, and the decision does not need to be reasonable or even ethical, just so long as the reason is not an unlawful one.

So, unless you had compelling evidence that this was all a ruse to terminate you because of a protected trait or activity (i.e. it was recently discovered that you are a practicing Muslim and you believe this was an effort to terminate you because of your religion), then you would not have any legal recourse against your employer. The extent of your recourse would be to file for unemployment benefits, which you should have no problem getting approved for under the circumstances you describe.

I hope that you find this information helpful and am genuinely sorry if it is not what you were hoping to hear. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

Customer: replied 1 year ago.
Thank you.
Expert:  Patrick, Esq. replied 1 year ago.

You are welcome, I just wish I could provide better news.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.

Very best wishes in your search for new employment.