Legal Question in Administrative Law in North Carolina

Being layed off

Hi, I was recently laid off from a company based out of PA, and I was working from home in NC. During my interview, I told them the reasons for leaving my present employer was due to recent layoffs which did not directly affect me. They assured me that their company was stable and had plans to put me on available projects. After 2 weeks of reviewing company procedures/policies, and having not technically started working on anything, they told me I was being layed off due to no work being available. They provided a list of 5 people being laid off, all with different job titles from a total of at least 100 employees or more who were considered. Can I sue them for lying to me about the stability of their company? Please help, as I feel robbed and lied to.

Asked on 10/16/08, 6:05 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Being layed off

You asked about a job that has evaporated.

Normally a position such as yours in untenable. PA is an at-will state and employers and employees are not bound to employment without a written agreement.

In your case you have a stronger claim that you detrimentally relied on the employer's promise and which such promise they breached.

You have a limited amount of time in which to pursue a claim and should contact an attorney immediately. As that attorney will advise, you must also begin looking for a suitable replacement for that job. You do not generally need to take a cut in pay nor do you need to look for a job that is lower in prestige, but you at the least must conduct a reasonable search for a job.

Some attorneys will not consider the case. Others will, but I doubt any attorney would take the matter on contigency, though you should be able to make a claim to recover those fees if you prevail.



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Answered on 10/16/08, 6:40 pm

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