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My company me off after purchasing a competitor company then…

Customer Question
My company laid me...

My company laid me off after purchasing a competitor company then is advertising to fill my job. Is this legal?

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

I lve in MO the company is based in MN.

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

At will full time I was there a year with positive reviews

Submitted: 5 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/12/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,368
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

It is legal because it isn't illegal. I know that sounds circular, but really the purpose is to turn the question to its correct face. In an "at will" employment situation, the default position is that the employer can terminate with or without cause. There doesn't need to be a legally justifiable reason. So, we have to legally begin with the premise that the termination is legal and that it would take something specific to make it illegal.

Just because the competitor has your job advertised, that doesn't really change the calculus here. Just because you had positive reviews, that doesn't make the matter legally different.

Unless you can allege an actual illegal basis for your termination, such as discrimination based on race, religion, gender, age, disability, FMLA use, worker's comp use, wage and hour complaints, OSHA complaints, HIPAA complaints, etc., the default here is that the termination was legal.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 5 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,368
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Experience: Employment/Labor Law Litigation

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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.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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