I was terminated by my company because my position was eliminated. Do I have any legal recourse?

I was terminated from my company due to my position being eliminated. To receive my unpaid vacation, I have to sign a release. The release has a clause that I will not be allowed to be rehired for my job or with any other job at the company. I asked our HR department why. I was well liked, worked there for 3 years, and was told that I was not dismissed for job performance. Is not being eligible for rehire legal? Do I have any legal recourse?

1 answer  |  asked Jan 10, 2017 10:51 PM [EST]  |  applies to Tennessee

Answers (1)

James Becker, Jr.
As a general rule of thumb in Tennessee, an employer can eliminate your position without being liable for the job loss. An employer can also ask you to sign a release in order to get unpaid vacation unless (and this is very important) that unpaid vacation is accrued and not subject to any sort of forfeiture. If it is accrued (meaning that you have earned it according to whatever schedule the company has) and it is not forfeited (meaning , looking at the policy concerning use and/or loss of same), then that vacation time is an element of wages and the employer must pay it according to the schedule set out in the Tennessee Code Annotated for paying final wages.

posted by James Becker, Jr.  |  Jan 11, 2017 2:43 PM [EST]

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