Reply #17: Doubtful on the suit, take the new job [View All]

[Lady President]

Unfortunately, I'm currently unemployed and was laid off in a similar fashion~ only women downsized and all solid workers. I don't have a leg to stand on and likely neither do you. (sorry)

The problem you are facing is that you were so new that it gives your employer too many excuses to fire you. Truthful or not, they can say they gave you a shot and it didn't work, or they fired you on a "last hired, first fired" basis. Companies can get away with a lot if they use the LIFO method because it supposedly shows that loyalty to the company is rewarded and it seems fair on the surface. It's also difficult to show a pattern of firing women when only three people were fired (unless it's a fairly large company the purged all its women). Assuming you were at-will employee, it is even tougher.

On the other hand, definitely take the job with a competitor. There is no reason you shouldn't and if your former employer comes after you, then it is harassment. Even if you had signed a non-compete contract, under these circumstance, you could get out of it without a problem.

Employment and labor law was my focus in law school, but I have never practiced in this area, so there are probably people here that can help more.

Good luck with you job search!!