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I work as an RN for a health care system. It has been

Customer Question
I work as an...

I work as an RN for a health care system. It has been announced that there are going to be lay-offs, and when I asked for the Reduction in Work Force Policy, I was told there isn't one, there is just an internal HR process that employees don't have access to. I really don't know what my rights are. Can I just be layed off with no cause, other than the organization's need to cut the budget? We do not have a union.

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

Illinois

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

There is no union. I am currently part time. I don't know what "at will" means.

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

I have worked for the organization for 40 years, full time until the last year.

Submitted: 10 months ago.Category: Employment Law
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9/28/2017
Employment Lawyer: Patrick, Esq., Lawyer replied 10 months ago
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 14,552
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Unfortunately, yes, you can be laid off due to no fault of your own strictly because of budget cutting. This is regrettably not uncommon, either. Despite the fact you did nothing to warrant being let go, employment in the state of Illinois 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.

So, just as you could quit at any time with no reason, your employer can eliminate your position if it determines it is in the best interest of their business. You should have no trouble getting approved for unemployment benefits under these circumstances, but your employer's actions would not violate any law based on the facts you have described.

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.

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Employment Lawyer: Patrick, Esq., Lawyer replied 10 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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