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I recently quit my job as a pharmacy manager due to being…

I recently quit my...

I recently quit my job as a pharmacy manager due to being understaffed. Two of my employees had resigned, and after asking my supervisor if their positions would be replaced, I was told that they wouldn't. The plan was to use technicians from other branches, which is not a permanent solution. It turns out that the next business day after my last day, my branch was closed and it was announced that they were opening a new branch across the border in Illinois and they had known about this plan for a year. Two remaining employees left after I quit received severance packages and since I was already gone, nothing was offered to me. My question is, if it can be proven that they had knowledge of the plan to open another branch a year ago and didn't offer me the opportunity to work in that branch, do I have a case for litigation against them?

Lawyer's Assistant: Was this retaliation? Or based on age, race, religion, gender, or disability?

No. I am 50, but not sure if that played a part or not.

Lawyer's Assistant: What kind of workplace is this (private sector, public sector, etc.)? How many employees?

Public

Lawyer's Assistant: Have you talked to an IL lawyer about the termination?

No

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Answered in 18 minutes by:
6/28/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
There's nothing in the law that says an employer has to inform you of their plans to close a branch or open another Branch. So on these facts, unfortunately, the only way that you would have a claim is if you can allege that the reason that they didn't give you that information was your race, religion, gender, age, or disability. Without being able to allege a specific illegal motivation for their Omission, the Omission itself is not illegal in any way.
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,632
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 1 month ago
I've been approved for unemployment and it was determined that I voluntarily left with good cause, as it was established that the working conditions were detrimental to me and justified my separation, after I made reasonable attempts to resolve my dissatisfaction prior to quitting. My employer was contacted and has not appealed. Does this help me in any way if I were to pursue legal action?
No, that doesn't create a legal action. If that were the case, every time a person was awarded unemployment they would also be able to sue their employer for wrongful termination. That is not the case. The reason is because there are two very different legal standard to play here. You are presumed entitled to unemployment under the law in the employer has to prove otherwise. However in an at-will employment situation you bear the burden of proving that you were wrongfully terminated.
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Customer reply replied 1 month ago
I became aware of an email that was sent out the next business day after my last day of employment. It stated that they were closing my branch and opening another one in Illinois and that the two remaining employees (which would have been me and another employee) would be offered severance packages if no other suitable position is available. My resignation was not even submitted to corporate HR until after I was left because I couldn’t even get a benefits termination letter from them until then. My question is, since they were referring to me in the email and since they didn’t even know that I had already left, would I be entitled to the severance that they were planning to offer me?
No, it would be exceedingly difficult to make a legal argument that you were entitled to a severance that you never signed or entered into. They could immediately upon you suggesting you were interested revoke any offer of severance to you. There's no requirement once offering it to someone else that it has to be offered to you. You resigned and they were aware that you resigned. A resignation doesn't have to be submitted to HR for it to be official or 4 to be accepted. This is because HR is just an employee or contractor is not required under any statute. Because it's not a statutorily required section of the office there's no requirement that they receive notice first before a resignation is official.
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