Getting Laid off suddenly, is these against the law?
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Getting Laid off suddenly, is these against the law?
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A week ago 55 people got laid off in the plant where I used to work. To start off, the laying off process was kind of strange to me, which I dont know if this is legal to do or not. We were not informed or advised of this change, simply we went to work normally, at the end of our shift we had a meeting and the names of the person being laid off were read, we were given our checks and thats it, we were gone! This took us by surprise, especially now that the economy is not as its best and unemployment rates are rising.
Another thing that surprised me is that, the HR Manager mentioned that people who were hired last where the ones getting laid off first, meaning that they were going off by seniority. Most of the people laid off were from the production area, except myself and other friend who were part of the lab. The strange thing here is that a guy who started working 3 months ago in the lab stayed, while my friend and I who had been there longer were laid off. We worked on 3rd shift, shift which was removed from the company, but some people from 3rd who stayed were placed in first and second shift; so why did this new guy got to stay in his usual shift, yet he was newer than us?
Also, 1st shift didnt have a supervisor in the lab, 2nd shift does and 3rd did as well, which it was me, yet they said that I was being laid off because my job position had been terminated. Why couldnt they have moved me to 1st? or put me somewhere else in the plant working in the lab? The lab manager got to chose who to stay and who to get laid off, he really didnt get along with me, so this seems as favoritism on how we got laid off, yet a newer person got to stay.
Also, the 2nd shift supervisor, has been fired 3 times and re-hired those 3 times, yet she got to stay while I never had any complaints or was tardy or absent...Doesnt this seem weird? Lab manager and 2nd shift supervisor are really good friends, so I can see why or how she got to stay.
I just feel really bad, I dont know if they did everything under the law? I got all these questions and I tried asking them, but they didnt give me an answer, HR Manager was very sarcastic and shortcut with me.
What do you guys think? What should I do?
Additional Details
So if I was a supervisor, I have a B.S. degree, and the other person from 2nd shift doesnt have the degree of education, even the lab tech who is newer, had more right of staying than me leaving?
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chuckles951
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Good lab people are harder to find than production people. The layoffs would also be sorted by what area a person worked in. The lab would be a different seniority pool. |
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PiggiePants
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You should file for unemployment, and start searching for a new job. They laid off 55 people so you will be very hard pressed to prove that you were singled out for any reason. Layoffs are a sad situation, but they are not illegal. If you believe you have a case against the company you should see a contingency (no fee consultation) lawyer local to you that can tell you your chances. |
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Montana Max
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Sorry to hear that. Lay-offs are an annual event where I work. Yes it is legal. I recommend you sign up for unemployment. That way you as least have some money coming to help you out. While you job hunting |
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Cubs Girl
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Companies decisions to lay off people can vary depending on their needs. Layoffs are a very sad situation but necessary for business to stay a float, don't take it personally. In order for them to forewarn the employees for a massive layoff is if the layoff including more than 30% of the total employees. The company needs to have over 100 employees to apply for this WARN act.
HR is there to help & coach the supervisors, who you need to be talking to is your direct supervisor not HR unless its a question regarding 401k, insurance or pay. |
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Alan S
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They can lay off whoever they want as long as they aren't discriminating based on race, religion, or some other protected characteristic. You may have been laid off over others if you were making significantly more money and were a bigger cost savings to them.
There is a plant closing law that requires them to notify you two months in advance if they are laying off large numbers of employees. They can either tell you two months before the layoff, pay you two months of severance, or some combination of both. Since you were not told in advance of the layoff, most likely you should be entitled to two months of severance pay if you didn't get that. You should contact the Department of Labor (and also your state in case they have other laws) and file a complaint.
I would also suggest that you keep written records, copies, printouts, etc. of your complaints, and follow up on the complaint some time after January 20 when Obama becomes president - in case things get "lost" and you need to resubmit them. The Bush labor department only cares about big business and doesn't care about workers. They have been known to ignore problems and not prosecute offenders, so you can't count on them to do anything. |
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