Legal Question in Employment Law in Ohio

My work is offering vollunteer layoffs, because They are cutting our hourly rate. I chose the layoff due to the fact that the pay cut is less than what I would make on layoff. my question is, can they legally deny me that choise after they put the offer on the table?


Asked on 10/23/09, 8:04 am

1 Answer from Attorneys
Neil Klingshirn Fortney & Klingshirn

In contract law, two parties create a contract where one makes an offer and the other accepts it. However, the offeror (the company) can withdraw its offer before the offeree (you) accept it, in which case the parties do not create a contract.

Given this, the question in your case is whether the company withdrew its voluntary layoff offer before you accepted it. If not, you may have valid contract claim. In addition, if the issue is whether you receive severance pay as a result of the voluntary layoff, you may have a severance pay claim under the federal ERISA law.

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Answered on 10/28/09, 10:41 am


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