I was laid off and then replaced...
About a year ago I was laid off along with 800 others from a large Pharma company. It was explained to me that my position had been permanently eliminated. About 2 months after the layoff someone was moved to my exact position and replaced me on the team I was on. They have the exact same job description I had. Is this illegal?
1 answer | asked Jun 28, 2006 7:13 PM [EST] | applies to Illinois
Answers (1)
STANDING ALONE, NO FOUL
Simply because an employer arbitrarily eliminates then replaces a position does not establish a cause of action in Illinois.
If, however, there is sufficient evidence to conclude that this was done because of one of the prohibited human rights categories (Illinois' can be slightly broader than the federal ones) such as race, gender, age, disability, national origin (there are others). The size of the layoff would suggest this was not a targeted whack at you but it is really hard to tell from you limited explanation.
There are a lot of fine employement lawyers in Lake County. I suggest you arrange a consultation. Human Rights cases are very fact-driven and only a skilled questioner.
If you just refuse to pay for a consultation, go to the Illinois Human Rights Department's (not Commission) and talk to one of the intake screeners. Sometimes they will get interested enough in what you tell them that they'll bring a supervisor in to help vet your case. There is no charge for this service but you are not getting an overall legal checkup of your situation that way either.
You have 180 days from the time you learn of the discrimination so don't delay in doing something!
Anthony B. Cameron
Quincy, Illinois
posted by Anthony Cameron | Jun 28, 2006 7:29 PM [EST]
Simply because an employer arbitrarily eliminates then replaces a position does not establish a cause of action in Illinois.
If, however, there is sufficient evidence to conclude that this was done because of one of the prohibited human rights categories (Illinois' can be slightly broader than the federal ones) such as race, gender, age, disability, national origin (there are others). The size of the layoff would suggest this was not a targeted whack at you but it is really hard to tell from you limited explanation.
There are a lot of fine employement lawyers in Lake County. I suggest you arrange a consultation. Human Rights cases are very fact-driven and only a skilled questioner.
If you just refuse to pay for a consultation, go to the Illinois Human Rights Department's (not Commission) and talk to one of the intake screeners. Sometimes they will get interested enough in what you tell them that they'll bring a supervisor in to help vet your case. There is no charge for this service but you are not getting an overall legal checkup of your situation that way either.
You have 180 days from the time you learn of the discrimination so don't delay in doing something!
Anthony B. Cameron
Quincy, Illinois
posted by Anthony Cameron | Jun 28, 2006 7:29 PM [EST]
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