Company Posts Your Position after Termination
What do you do when you have been terminated by your company and soon after the company posts your position or a similar position? It doesn’t seem quite fair as this reader states his situation:
My employer presented me a notice of termination 2 months ago. It was stated there that since the company has redundancy issue. But they are giving me monthly pay for 2 months and on my last day they will give me extra month pay tax-free. And I signed it without consulting anyone and I was not able to put “signature is for acknowledging receipt only” since I just learned that upon reading your advice and I thank you for that. This is my last month now and I have learned that the company has hired new employees but for a different division but still of same job position I have.
I am thinking now of going back to my employer and cancel the signed paper. Since it was stated there that the reason for my termination was due to redundancy, but they were able to hire new employees.
Will that signed document be an issue against me?
Thanks in advance,
The situation you describe happens a lot in companies, especially where there are different divisions, groups or departments. There are several ways that companies can justify a layoff. The most common are position eliminations or consolidations.
When a position is eliminated, it is because the majority of work that the person performs is no longer needed to be done. This is most likely what you are referring to as being terminated by redundancy.
A position consolidation is when there are two or more positions that are collapsed into a single position. Companies usually select the person with the critical skills necessary to do the work or may use tenure for who is awarded the position.
Company Posts Your Position – Is it Legal?
Here’s what you need to know. In the United States, if a company lays you off from one division, group, or department and has defined the lay off to that division, group or department, they can create a new position within a different department, group or division without having to offer or allow you to apply to it (unless there is a bargaining agreement in place). I know it seems unfair, but that is how it works.
It would have been more convenient for you to use the internal job posting system if you were still an employee to apply for this job; however, companies do not always anticipate new job positions while doing layoffs – especially in other others of the company. In my experience, there are many divisions and groups that do not share this kind of information with each other. As an example, the need for a new position does not arise until there is a spike in business with a new customer or demand which affects only that division, group or department and the rest of the company is unaware of this change in business.
While it is normal to be suspicious and think the company had a master plan about not keeping you, realize creating the new positions may very well be unexpected. The fact that the company posts your previous position elsewhere may be happenstance.
Here are some positive actions you can take:
I do not think it is in your best interest to ask about cancelling your signed paper – to be honest you won’t be able to do it. Too much time has passed, you do not have a good case and all that will happen is you will stir up negative conversations with the company.
Instead, approach the company and let them know you have seen the new position in the different division and ask if you can apply to it. If you have a good work history, I would think they would welcome your interest. If the position requires relocation, you may or may not have an opportunity to apply to the position if they are not providing relocation benefits unless you tell them you will pay for it on your own. Many companies will bridge a short break in service and you would be able to keep seniority with any benefit plans.