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  1. #1
    Join Date
    Jun 2012
    Posts
    2

    Default Position Being Eliminated Earlier Than Date Given, Required to Work in New Role

    My question involves labor and employment law for the state of: Illinois

    On may 18th 2012 my company informed my team they were choosing to eliminate the position and outsource it to a 3rd party company. We were told the transition would take until August 18th, and that by staying through that date we would be eligible for 100% of our pay and severance. If we decided to take a position with the 3rd party company before Aug 18th we would also be eligible to receive 100% as long as we would still be employed with them on the final day. I was just informed that now the transition will be taking place as of June 18th effectively eliminating the position in our market that day. We were then told that in order to receive 100% of our severance and pay we would be required to work in a different channel and different position for 2 months. Can they make this change, or does them outsourcing our position early fulfill our obligation?

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Position Being Eliminated Earlier Than Date Given, Required to Work in New Role 2

    They can most likely make this change. Severance is never required by law in 47 out of 50 states, and in at least 2 of the three where it is sometimes mandatory it would not be mandatory in this instance. Barring a legally binding and enforceable contract or CBA that guarantees the original offer, there is nothing in the law that would prevent them from changing the terms. In mergers, acquisitions, sales and outsourcing, it's not unusual for the terms of the agreement between the two companies from changing mid-stream, which in turn makes changes to when they do or don't need the employees who are affected. Were you given anything in writing about the initial offer?

  3. #3
    Join Date
    Jun 2012
    Posts
    2

    Default Re: Position Being Eliminated Earlier Than Date Given, Required to Work in New Role 2

    We did receive a document that outlines the estimate of what we should receive from the severance, and shows the august 18th date. When i asked if we would receive anything from hr about the changes i was told that we would not. I was unsure if they could place us in a completely different role for the remaining time, or if the elimination of our position locally should constitute the end of our employement

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Position Being Eliminated Earlier Than Date Given, Required to Work in New Role 2

    There is nothing in the law that says they cannot unilaterally transfer you to a different position. This would be true even if your prior position was not being eliminated.

  5. #5
    Join Date
    Sep 2011
    Posts
    437

    Default Re: Position Being Eliminated Earlier Than Date Given, Required to Work in New Role 2

    We were then told that in order to receive 100% of our severance and pay we would be required to work in a different channel and different position for 2 months. Can they make this change, or does them outsourcing our position early fulfill our obligation?

    Yes, they can make that change. The bottom line is that if you want the severance being offered, you and your co-workers need to stay until they tell you that you are no longer needed (whether prior to or after the target date of August 18th.) In the meantime and just as before, you need to do whatever work your are instructed to perform. It doesn't matter a whit if the work you're being asked to do is your regular job or not.

    You're free to quit anytime you like if you don't care for the present circumstances but if you do, you will forfeit severance pay and unemployment benefits.

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