Laid off

Hi,
could not find anything related to my cituation. Just got laid off, been employee for 5 years. The reason they gave was elimination of my position as a result of re-org but in the same time I know and can prove that they are hiring for my department new employees in India. Can you let me know if this cituation can let me open a case against them?

Thanks

2 answers  |  asked Oct 25, 2005 4:04 PM [EST]  |  applies to New York

Answers (2)

David M. Lira
Being Outsourced

It sound likes your employer is either outsourcing to an outside company in India, or hiring employees to work at a lower wage in India. Either way, you are out of luck. There is no protection in the U.S. or in New York for outsourcing. Under the employment at will doctrine, it is a perfectly legitimate practice.

posted by David M. Lira  |  Oct 26, 2005 08:13 AM [EST]
Joseph Heppt
Employee at will

Based upon your description of the events, it is unlikely that you have a claim. I assume tht you were employed in New York State. In New York, an employee is an "employee at will" unless he or she has an employment contract for a defined period of time. An employee at will can be fired for any reason or no reson at all, as long as the reason is not discriminatory. Based on your description, it sounds as though the company had a valid business reason for terminating your employment and, therefore, you would have no claim against them.

posted by Joseph Heppt  |  Oct 25, 2005 4:25 PM [EST]

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