Most people think that when they are terminated due to their job being eliminated that their job is actually being eliminated, however, this is a common misconception which is never borne out or at least usually not borne out by the actual facts.

The point is is that the question you need to ask yourself is whether your job is being eliminated or you are being eliminated.  The only way your job can be eliminated is if the duties which you had performed no longer need to be performed. If the duties that you had performed continue to need to be performed then it is you that is being eliminated………not your job.

The analysis of whether or not you have been discriminated against in the process of being fired because of “job elimination” is sticky and very fact intensive.  A general rule is that if they had to go outside the company to hire someone to continue to perform the duties that you had previously performed then there’s a good chance that your job has not been eliminated but you have been replaced.  If, however, your duties have been spread out over several different people who are also doing their own jobs in addition to yours and you for whatever reason may not have been qualified to do any of those positions, then it looks like that while your position has been eliminated, your job duties remain.  This approach may not be discriminatory.

For more on this you need to seek legal counsel because this is a minefield and very complicated.