113 people laid-off: no notice
Recently laid-off: No notice lay-off; Reduction-in-force.
Came to work told to gather up personal belongings and leave premises immediatly. Denighed access to personal computer and email account.
Laid off approximently 112 out of 1500 workers.
Stated reason: Certain skill levels were over staffed.
Considered time in service, employee ratings
Are there any legal laws against this type of layoff?
If grounds for legal reconciliation exist would be willing to compensate for services rendered.
Answers (1)
Lay-Offs Are Legal
Under NY State law, employees are generally considered to be employees at will. That means you can be terminated at any time, for any reason, or for no reason at all. There are certain exceptions to the employment at law doctrine. For example, you cannot be terminated if the reason is really discrimination based on some protected criteria such as race, religion, etc.
Courts tend to give employers a lot of lead way when it comes to lay-offs made for economic reasons. So, for example, even if you believed you were terminated in violation of some exception to the employment at will doctrine, courts will tend to side with the employer unless you come up with some pretty clear evidence of violation.
Now, your query suggests to me that you might have had in mind a federal law requiring employers to notify employees of lay-offs. THe law is called WARN. However, it applies only when an entire plant or location is closed down. It thus would not appy in a situation like yours, where only a small percentage of employees at your location is being laid off.
Note that WARN does not prevent the plant or location closing. It only requires notification before closure.
posted by David M. Lira | Oct 16, 2001 4:18 PM [EST]
Under NY State law, employees are generally considered to be employees at will. That means you can be terminated at any time, for any reason, or for no reason at all. There are certain exceptions to the employment at law doctrine. For example, you cannot be terminated if the reason is really discrimination based on some protected criteria such as race, religion, etc.
Courts tend to give employers a lot of lead way when it comes to lay-offs made for economic reasons. So, for example, even if you believed you were terminated in violation of some exception to the employment at will doctrine, courts will tend to side with the employer unless you come up with some pretty clear evidence of violation.
Now, your query suggests to me that you might have had in mind a federal law requiring employers to notify employees of lay-offs. THe law is called WARN. However, it applies only when an entire plant or location is closed down. It thus would not appy in a situation like yours, where only a small percentage of employees at your location is being laid off.
Note that WARN does not prevent the plant or location closing. It only requires notification before closure.
posted by David M. Lira | Oct 16, 2001 4:18 PM [EST]
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