Help! I'm being riffed.?
Find answers to your legal question.
Help! I'm being riffed.?
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what explicite questions should i confront my employer with to make him justify being layed off from the staff. this is at a high school and i believe it is to punish me for speaking out on behalf of fellow employees and the rotten treatment they are getting/
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Just_gone
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http://www.workplacefairness.org |
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Mel
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This is kind of difficult. If others are being laid off as well, the company will find it easier to justify that fact that you are leaving - you will be one of many. Your only hope here is that you fall into a protected class - over 40, minority, etc., and that the school has included too many of those "protected" folks in the RIF. If so, they are discriminating, even inadvertently, and could be liable to a wrongful termiantion/discrimination claim. Contact www.eeoc.com if you suspect that this is the case.
If you are the only person who is being RIF'd, you really aren't being RIF'd - you are being fired, and they are presumably paying you severance to make you go away. It is not legal to retaliate against an employee who has lodged a work-related complaint, filed a worker's comp claim, etc. by terminating their employment, reducing their pay, transferring them to a less desirable job, and so on.
Collect all of the documentation that you can - copies of the employee handbook, the termination information, severance pay being offered, release of claims they want you to sign in exchange for severance, and so on. Immediately after you have discussions with anyone about the RIF, reasons why you were selected, etc., write down what they tell you.
If you are offered severance, you may have a "grace period" before you have to sign the waiver of claims (depends where you live) - if this is the case, take the opporutnity to consult a labor attorney who works on a contingent basis (many of them offer free or low cost consultations) to see if you may have a legitimate claim.
Finally, to answer your original question, the questions you can ask are "why was I selected?", and "what criteria was used to select employee who were laid off?" you will probably not get a straight answer to either, but it's worth asking so you can document what you're told. Good luck. |
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hypno_toad1
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Ask for documentation on everything related to the lay off. |
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CatLaw
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Look at www.eeoc.gov regarding discrimination. You may also want to do an Internet search for your state's Department of Human Rights. Your termination maybe a legitimate layoff if your job is being eliminated. However, if the employer is discriminating against you or retaliating against you, then you may have a case against them.
Right now you need to contact a local employment attorney to advise you BEFORE you confront the employer. |
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Dallas S
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I don't know what state you live in but you may try the laber bored. |
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