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My position was eliminated because of funding (we were

Sent to Legal Experts July 11 07:17 AM

My position was eliminated because of funding (we were going over budget and they needed to cut a position. And I was the lucky one who got cut. My last day of employment was June 29th 2007. I am still elligible to work for this company since I was laid off, not fired. They even gave me the option to interview for other positions they had available within the company. But I was not interested. Well today I was job searching and I saw an add on Career Builder for the exact position that was eliminated. It was posted yesterday. Can I do anything legally? It just seems wrong to me.

 

Optional Information:
Knoxville, Tennessee

Already Tried:
Just saw the job posting today.

Customer (name blocked for privacy)
Answer
July 11 7:33 AM (15 minutes and 33 seconds later)
         
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July 11 7:43 AM (10 minutes and 6 seconds later)
         
Let me explain, I am a therapist contracted out to work for the state with Juveniles. I feared this exact thing would happen two months earlier when some of our job responsibilities were given to state employees to cut down on spending. But I was assured (in email 2x's) that my position was not in jeopardy by my supervisor and not to worry. I hate to sound arrogant, but I was the best therapist there, and statistics showed this with our recent quality evaluation scores. I had the largest caseload of students. The state wanted to spend less on their mental health services so they made our company come up with a way in which we would not exceed the budget. The only option (they told me) was to eliminate a position. And the Level 2 position was the one that made the most sense. They told me and others that it was spending and spending alone that was the reason for the position elimination. I too have that in writing. That is why I am so confused.
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July 11 7:48 AM (5 minutes and 20 seconds later)
         
The HR person even explained the budget to me in detail and assured me it had nothing to do with me personally, it was all a matter of funding.
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July 11 7:50 AM (1 minute and 35 seconds later)
         
I will accept the answer once I hear back from someone. I do not feel that I explained my situation well enough the first time.
Answer
July 11 7:53 AM (2 minutes and 47 seconds later)
         
ACCEPTEDCheck Mark

Ok,

So let me digress. I thought you were corporate.

Under the circumstances you have expanded on, you may have a claim for wrongful discharge. Even though emloyment is either at will or in your case contractual, they really do not have a reason to let you go. But it is still a wrongful discharge to let you go so that they can hire someone else at a lower wage. (my wage assumption) If you can show you were eliminated for salary alone, because the position still exists, you would have a very good chance of succeeding with a wrongful discharge.




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Edward M. Johnson
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July 15 5:14 AM (3 days and 21 hours later)
         
Relist: I still need help.
I have since learned that a therapist resigned on the 10th of July and that is why the vacant position is listed. I would think that since my position was eliminated due to funding, that they would automatically offer me the open position, being that I am still elligible for rehire. It is basically the same position. Shouldn't I be offered the position since they eliminated the other position and an opening for basically the same position became available a week and a half later?

Edited by Customer (name blocked for privacy) on July 16 2007 at 4:20 AM
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July 16 5:35 AM (1 day later)
         
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