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Jane T (LLC)
Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience:  Worked with employment legal group in major national corp.
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I would like to know the laws pertaining to reduction in force.

Resolved Question:

I would like to know the laws pertaining to reduction in force. I was terminated last week due to RIF; however, we have contractors in our dept. and an employee that had a bad evaluation and was rated a 3. We have been having several layoffs, but in other depts. Some employees have been allowed to move to other jobs and others have not. Can a company terminate an empoyee for RIF if the job has not been eliminated and if temps are still working and continue to work for the company while permanent employees are RIF's?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Jane T (LLC) replied 5 years ago.

DearCustomer

 

How a private employer handles who gets or who does not get a job or opportunity (unless discrimination is involved) is normally left up to the employer to determine. Where a person works as an employee-at-will, meaning that they have no written employment contract that specifies how long they will be working nor a union contract, the employer can hire and fire them at anytime, for any reason, or even for no reason at all (unless, of course, illegal discrimination is a factor). Further, unless an employer has a specific termination policy about who is to be first let go or that requires specific procedures before anyone can be let go, employers are free to let any member of their staff go or to allow others to move to different positions (again, however, if illegal discrimination, on the basis of race, gender, religion, age, disability, etc. is what drives the decision of who gets a better result or a worse result, then that is illegal). Also, unless an employer has an agreement to rehire persons after a layoff, employers do not need to rehire persons they layoff before they can refill positions. However, under state and federal laws, if employers are laying off from 50 to 100 workers or about 1/3 of their force, they need to provide at least 60 days notice (see here).

Jane T (LLC), Lawyer
Category: Employment Law
Satisfied Customers: 8435
Experience: Worked with employment legal group in major national corp.
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