Facing a layoff can be devastating, whether you go through it alone or with colleagues. And this can worsen when the decision is made unfairly.
Layoffs can be legal. However, at times, they mask wrongful termination. Here is what to know about layoffs:
Legal reasons for a layoff
Employers typically lay off workers to reduce costs, eliminate redundant positions, observe the requirements of a merger/acquisition contract and when relocating. Layoffs due to discrimination or harassment or as a form of retaliation are, however, unlawful.
Note that your employer may tell you a legal reason, such as cost reduction, has resulted in your layoff to cover up the real reason behind it, which may be illegal. Thus, besides asking your employer for more information about the layoff, pay attention to their decisions. Does a high percentage of the workers being laid off belong to a particular gender, age, race, national origin, disability status, religion, sexual orientation and so on?
Employers are required to use a fair process during layoffs. And when their criteria affect a particular group of employees more than others, they need to adjust them to limit the impact on those groups without compromising the business’s needs.
Steps to follow
Employers are also required to follow certain steps during layoffs. For instance, the New York State WARN Act requires private businesses with 50 or more full-time employees to provide a written notice of a mass layoff order 90 days before the order takes effect.
If you believe the reason behind your layoff was unlawful or your employer didn’t follow the required steps when laying you off, get legal help to understand your options and, in turn, protect your rights.
