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I live in Illinois. My job as a Director of Operations was…

Customer Question
I live in Illinois...

I live in Illinois. My job as a Director of Operations was eliminated in May 2017. I just heard they hired someone else to take my position. Do you have a case for a law suit?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

State of Illinois. From what I understand they cannot hire anyone for one year after the position was eliminated but I could be wrong.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

All employment in Illinois is at will. It was a full time position. I am not sure if I answer your question.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Is it going to be a free consultation? I want the lawyer to know that I signed an agreement with them not to sue them for discrimination in order to get my severance pay.

Submitted: 11 months ago.Category: Employment Law
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Answered in 2 minutes by:
9/12/2017
Employment Lawyer: John, Employment Lawyer replied 11 months ago
John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 6,049
Experience: Exclusively practice labor and employment law.
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Employment Lawyer: John, Employment Lawyer replied 11 months ago

There is no law that states they cannot hire someone for your position within a year. There could be a contractual stipulation that they not rehire someone, perhaps in the agreement with you or your representative if you're in the union. In any event you signed a release of claims against them to get your severance payment. Thus, you could not sue them for this anyway. Thus, in short, there is no viable claim for you in this matter, unless they were violating the severance agreement with yourself or your representative.

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 (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). If you are on a mobile device, you may need to scroll to the right. Thank you, ***** ***** wish you all the best with this matter.

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Employment Lawyer: John, Employment Lawyer replied 11 months ago

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

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