Legal Question in Employment Law in Massachusetts

Hired without disclosure of inevitable lay-off.

The company I currently am employed with Knew that they would have to lay-off eventually. I left a position with a company (to work for this deceitful one) where they had (Production Manager)assured me that I would not be laid-off. The new company announced the other day that they were going to have to lay off at least 10% of the workforce, that they had been ''post-poning the inevitable for 18 months''. They also stated it was going to be a long-term to permanent lay-off. I was just hired by them 8 Months ago. They enticed me away from a job I can never return to. I am not the only one that they never disclosed this information to and they never said it could be a temporary position because I would never have accepted it. What can I do? Sincerely, Out of work!


Asked on 4/28/02, 1:05 pm

3 Answers from Attorneys

Thomas Murphy Law Office of Thomas Murphy

Re: Hired without disclosure of inevitable lay-off.

Although oral promises (i.e. the promise the company made to you that you would not be laid off) may be enforceable, they are extremely hard to prove, for obvious reasons; i.e. there is nothing in writing to substantiate that a promise was made, and it becomes your word against the company's. If your employer lured you away from another job to work for them knowing that they would terminate you after a short time, you could have an action against them, but again, you would have an uphill climb at best.

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Answered on 4/29/02, 4:56 pm
Barbara C. Johnson Law Office of Barbara C. Johnson

Re: Hired without disclosure of inevitable lay-off.

Do you have the promise in writing?

If not, you do not stand much of a chance.

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Answered on 4/28/02, 1:22 pm
Nance Lyons Law Office of Nance Lyons

Re: Hired without disclosure of inevitable lay-off.

Your claim would be for misrepresentation and/fruad in the inducement to enter a contract. However, it would be costly to pursue unless you could find an attorney to take it on a contingent basis (only fee 1/3 of recovery)

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Answered on 4/29/02, 7:33 pm


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