Legal Question in Employment Law in New Jersey
A friend was hired by a company in April as a salaried exempt employee. Approximately 30 days after her start date, the employees were officially notified that the company was going to be acquired. A short two months later she learns that she will be laid off as part of the consolidation of jobs/integration process. I am wondering if she has a legitimate legal case against the company for her job loss as we expect that senior management knew of the impending acquisition at the time of her job offer and start date. Do you think she has a valid legal case against the company?
2 Answers from Attorneys
Probably not. Such a claim would have to be based on a contract and most employers state in employment contracts that the employee remains an at-will employee. To determine your friend's right an attorney would need to review whatever papers she might have.
DISCLAIMER:
I am NOT your attorney. An attorney-client relationship has NOT been created. The above is NOT legal advice. If you seek legal advice, consult with an attorney.
Daniel T. Silverman, Esq
856-874-9090
Your friend may, in fact, have a case under either negligence or fraud theories. If she was induced to leave her former employment to take this job by statements made that the new employer knew or should have known were inaccurate or misleading, your friend may have grounds to pursue this matter. This is a very fact-dependent situation and I cannot offer more than a general statement based on what you have posted. However, I recommend that your friend contact an experienced employment attorney who can analyze the facts and recommend the most viable course of action for your friend to take. Feel free to contact my office if you would like to schedule an appointment.
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