Friends, I had been working at the same company for 6 years and last month I was fired under the pretext of "the company is downsizing." They gave me my severance pay, but the strange thing is, they have reopened the position I held. How is that possible? If I file for reinstatement, would I have a valid case? Does anyone know?
something similar happened at our company as well. they say we are downsizing and hire someone who will work for less. you can file a lawsuit but it will take a long time.
So how did you find out that a job ad was posted for the same position? Did you see a link or did someone tell you? 😮💨
@iki_dakika I also came across it while searching on job listing sites, it's mostly the same position being posted.
I don't think anything will come of it even if @soncaykaldi files a lawsuit. The employer will say something like 'the performance was insufficient,' and you can't prove otherwise.
I think it's really unnecessary to ask this here because there's a clear legal situation. It would be better if you talked to a lawyer directly 😬
If you are normally dismissed for downsizing reasons, they cannot open a job advertisement for the same position. This is a clear contradiction. You have the right to file a reinstatement lawsuit, but first, mediation is required. Make sure to get in touch with a lawyer.
@benbisorayim But if the posting is for another location or a different work arrangement (e.g. freelance), then that doesn’t count as a “contradiction.”
I think there’s something you’re missing. They may not have said that downsizing was the only reason they let you go. Maybe they cut you because your salary was high and they’re continuing with someone on a lower salary.
Honestly, it’s hard to find ethics in the business world. Just file a lawsuit already.
So, after seeing the ad, did you try to apply for that position? For example, if you apply, their intentions to proceed with someone under the same conditions would become clear. The response you get from there would also serve as evidence.
When is the date of the job posting? Was it opened after you left, or was it an existing post? Because it wouldn't make sense to immediately make a connection just because it exists.
Could they have combined the jobs in that position and distributed the workload among the existing team? This is generally what is meant by downsizing; perhaps the announcement was opened for another role. Pay close attention to the details.
