Legal Question in Employment Law in Indiana

Job Terminated due to Organizational Restructuring

I had been working for company 'X' for 14 months. One day I was told ''your position has been eliminated due to organizational restructing''. I received 2 weeks severence pay and vacation hours. I was also told that day was my last. I asked if I could work out my last 1-2 weeks and told NO. I asked if there was a subordinate position I could fill and was told no. I am wondering if I have any legal issues here due to the following:

1. The company personel handbook policy states that I am to be given 30 days notice of job termination.

2. The company personel handbook policy states that in the even of organizational restructuring or downsizing, the next equal or lower level position is to be given to this individual. Two such positions have become available, one of which became available w/in 2 weeks of my departure. The other position became available w/in 4 weeks (of which, this one is my EXACT same job.

3. I was told during my initial meeting with my supervisor his personal thoughts of my job satisfaction (which was witnessed by another staff member).

I am wondering if I have a chance at a lawsuit for being released from my job and my employer not following the polocies of the company. Thank you.


Asked on 4/12/02, 11:14 pm

1 Answer from Attorneys
Michael Cortson Law Office of Michael D. Cortson, Esq.

Re: Job Terminated due to Organizational Restructuring

You were an at will employee. The company can let you go for no reason at all. There was no employment contract mentioned. Their handbook is their rules which they can choose to follow or not. It is their company. Unless you have a contract stating the terms of severence, you have no action. They can let you go for any reason or even no reason.

Good luck.

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Answered on 4/12/02, 11:31 pm


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