Court Rules Employee Does Not Have Right to be Laid Off 08-05-2003
- By Rita Risser

In this time of lay-offs, restructuring and downsizing, most workers are worried about keeping their jobs. But in a July, 2003 case, one employee who survived a corporate organization sued and claimed she was discriminated against because she didn't get laid off and didn't receive a severance package.

Bridget Jones, an African-American, was hired as a customer service representative in 1990, and continued to work after her employer was acquired by a larger company. Her office was closed as part of a reorganization in 1999, but before the closing, Ms. Jones applied for and received training for a new position. She held that job until 2001, when she applied for and received another job, which she still has.

Beverly Terry, a Caucasian, worked in the same customer service center as Ms. Jones until it closed in 1999. She was transferred to another location, where she worked on customer accounts that were in bankruptcy. When the bankruptcy accounts were moved to yet another location, Ms. Terry was not offered a new position, but was terminated and received a lump sum severance package.

Ms. Jones sued in federal court, claiming that she was discriminated against because a white co-worker was permitted to take advantage of severance pay and she wasn't.

The appeals court disagreed and dismissed the case, finding that while Ms. Jones would have preferred termination with severance to transfer, the court would not interfere with the employer's decision to maintain Jones' employment even if it offered other employees a choice: "Any other holding would lead to the absurd result that Jones suffered an adverse employment action because she was not fired." (italics in original)

Jones v. Reliant Energy-ARKLA, ____ F.3d ____, 2003 U.S. App. LEXIS 14171 (8th Cir. July 15, 2003)

Information here is correct at the time it is posted. Case decisions cited here may be reversed. Please do not rely on this information without consulting an attorney first.