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Maverick
Maverick, Lawyer
Category: Employment Law
Satisfied Customers: 5767
Experience:  20 years professional experience
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Not sure if I am in the right area but here goes. I

Customer Question

Not sure if I am in the right area but here goes. I currently work for a county hospital and was hired one month ago. I just received a letter stating the hospital was eliminating our positions and that we have 60 days. I was offered the job when I was living in California and uprooted my family to move to Illinois. I incurred a lot of expense and am still incurring expenses. I am not eligible for unemployment once I am terminated. The union says it did not know but according to a letter sent out this decision was made with the assistance of the CBA. There is no way they did not know this was coming and yet offered me the job and now a month later the positions are being eliminated. I have since found out that talk of eliminating this position has been in talks for a while. I want to know if I can sue for the expenses I incurred from this move and the mental anxiety I am now dealing with not knowing how I am going to support my family.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Maverick replied 2 months ago.

Welcome to Just Answer! My name is***** give me a few minutes to review, analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 2 months ago.

The Seventh Circuit, interpreting Illinois law, has even held that the mere promise to relocate is sufficient to estop the employer from revoking his promise to employ. See Gould v. Artisoft, Inc., 1 F.3d 544, 549 (7th Cir.1993). A promise in exchange for a promise is sufficient for the formation of a contract, and each promise binds the parties to their agreement. Id. at 550. In Gould, a promise to relocate was binding enough to have detrimentally changed the position of the employee, and thus the employer was estopped from altering the contract. Id.

Under this law you may have an argument that the employer has a duty to pay you for salary that you would have earned for a reasonable time of employment [to be determined by a jury considering all the facts] or to pay you for your relocation costs.

If you want to sue for mental anxiety damages, you may have to prove up elements of intentional or negligent infliction of emotional distress. See this link. This is not easy in the context of employment cases.

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Customer: replied 2 months ago.
Wouldn't the fact that this decision to eliminate positions months ago but hired me anyway constitute negligent infliction of emotional distress?
Expert:  Maverick replied 2 months ago.

It may but you would have to show the following:

A direct victim does not need to prove that the emotional distress manifested itself in a physical symptom such as an injury or illness. Corgan, 143 Ill. 2d at 312. A direct victim only needs to prove that he or she suffered an immediate or instinctive emotional response which was severe or extreme, a long lasting traumatic neurosis which was severe and extreme, or both. Corgan, 143 Ill. 2d at 311.