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Question

My position was terminated due to a reduction in force. Now a modified version of the position, with the same title is being advertised. Is this legal?

Submitted: 17 days and 17 hours ago via ELinfonet.
Category: Legal
Value: $38
Status: CLOSED
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Posted by Stephanie O. Joy, Esq. 17 days and 17 hours ago.

Info Request

Are you in the UK?

17 days and 17 hours ago.

Reply

No, I'm in the Washington, DC area.

Accepted Answer

Hi fish,

 

Actually, short of an employment contract with your employer denying it the right to rehire/replace, sadly, it can do so. Just as an employee can terminate the employment relationship/quit for a better financial result elsewhere, so to can the employer - it is a 'mutual' right. Thus, it could lay off the more expensive employees to save money and then hire new employees willing to take a lower pay. The job may or may not be slightly different. But in this "at will" employment system in DC, the employer can do this.

 

I know this is more difficult for the employee than the employer, particularly in this economy, but employers lobby their politicians and the employees generally don't have the time or money to do so. I wish it were different.

 

 

Hope this helps to clarify. If it does, please click ACCEPT and follow up if needed after you do so. This expert's credit proceeds go towards providing volunteer provisions for the disabled. Thank you for helping!


 

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. As you know, I am only the messenger, not your attorney, nor can I create favorable law if it doesn't exist, so please don't hold it against me if the legal result is not what you wish. ACCEPTING the Answer a so ensures I will be able to assist your with your future legal question. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of a new post. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break, or if it is late at night, I may have to go get some shut eye til morning, but rest assured, I'll be back for you. Thanks

Sincerely,

S. Joy, Legal Expert

 

 

My Standard and Required Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may voluntarily pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. You must hire an attorney in your state as a matter of law, in order to receive legal advice and attorney/client relationship and rights. I do not claim to be licensed to practice in the state where this information is being provided or whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. As law is always changing, you are recommended to consult with the appropriate legal counsel in your jurisdiction for accurate and complete information. Thank you, and have a great day.

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Expert: Stephanie O. Joy, Esq.
Pos. Feedback: 99.4 %
Accepts: 
Answered: 11/5/2009

Managing Attorney/Lawyer

15+ Years of Legal Practice Experience: General, Soc Sec.Disability, Personal Injury, Divorce, etc.

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