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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5619
Experience:  Exclusively practice labor and employment law.
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If I lost my job with a company due to a decision based on a

Customer Question

If I lost my job with a company due to a decision based on a leadership team who took a vote to cease operation at one of their plant locations so one of the other production plants could use the real estate for production in lea of service operations and the CEO of the company expressed in the meeting that no employees of the service operations would loose their jobs with the company, that all employees of the service operations would be placed some where in the company do I have a case for litigation?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.

Hi, thanks for submitting your question today. My name is***** have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today.

You possibly would have a claim if the CEO's promise of no job losses was certain and unconditional to the extent it would create an objective expectation of a job despite this restructuring. Employers’ oral or written assurances regarding job tenure or disciplinary procedures can create an implied contract for employment under which the employer cannot terminate an employee without just cause and cannot take any other adverse employment action without following such procedures. Employers can prevent assurances from creating an implied contract by including a clear and unambiguous disclaimer characterizing those assurances as company policies that do not create contractual obligations. Oral assurances must create a reasonable expectation in the employee in order for an implied contract to be created. However, often times employers have included in their policies a statement that employment is at will regardless of any other oral or written statement. Courts have found these to overcome any possible reasonable expectation of employment.

In your case you'll need to explore the employment policies to see if there is a disclaimer of contract, which may take the employer off the hook for following its handbook procedures. If you do not see one in there, you likely have a claim.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.

Expert:  John replied 1 year ago.

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