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LegalGround >> Am I a victim of wrongful termination?

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11/8/08 2:04 AM
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Member Since: 8/18/01
Posts: 1797

I was recently laid off from my job with a major rental car company this morning and I believe that I may have a strong wrongful termination case against them. Almost two months ago my department (loss control) was notified by corporate that they were going to be making changes to the way the company handles accident claims and risk management and as such our department would be eliminated by next summer and be replaced by centralized claim centers to be established in only two to three locations in the entire country. We were told that we would have the opportunity to take one of these positions once they became available, but my personal situation is such that I own a home and cannot sell it for what I paid nor rent it for what I pay on the mortgage and home owner's association fees. In other words I explained to the company (my immediate supervisor and the human resources manager) that I did not think the current economic climate would allow me to make this move, but that I would be interested in exploring opportunities in other departments with the exception of daily rental (renting cars) when the loss control department finally folded in the summer of next year. These confessions were asked of us and encouraged under the guise of helping the company identify positions and opportunities that fitted our strengths when and if they became available over the next few months. Fast forward to two weeks ago and corporate sends a company wide email (all departments) explaining that the current economic climate has forced the company to make cuts and that lay offs should be expected soon. Today I was one of those cuts, but the other two employees in my department (both having equal titles and roughly equal pay) were not let go despite my advantage in seniority to one and my advantage over the other in both performance and job responsibilities. In this morning's meeting with my controller and human resources manager I was told that this decision was not based on my performance or behavior and that the reason they were letting me go was mostly in part to what they called an apparent "lack of flexibility" in my attitude towards working in other departments most notably our daily rental department. They based this assessment on the statements I gave them when they met with me in meetings regarding the closing of my department next year. These statement were given in confidence regarding a completely different situation and were used against me to justify laying me off now. Am I the victim of a wrongful termination or can a company lay off an employee based on their admission that they would not be interested in working in a different department doing a different job for unequal hours (more hours) and unequal money (less money) at a later date?

Your input is greatly appreciated. Thank you.
11/13/08 5:01 PM
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Member Since: 1/1/01
Posts: 25943
It is my opinion, that this is no where close to being wrongful termination. Beyond the fact that there is no such thing as confidentiality of this sort, my guess is that you probably signed something saying that you are an at-will emploee, and they can let you go at any time for any, or no, reason at all.
11/13/08 8:34 PM
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Member Since: 8/6/08
Posts: 1084
sounds like rightful termination
11/18/08 11:21 AM
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Member Since: 1/1/01
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Sounds like you got paid more then others in your dpartment and they were not going to have a position for you in the future so they let you go. In no way does what you posted sound like wrongful termination.

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