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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18811
Experience:  Employment/Labor Law Litigation
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My name is ***** *****. I work with a large corporation with

Customer Question

Customer: Hi my name is ***** *****. I work with a large corporation with a mix of Union workers and management workers. Their best practice is hiring and firing "riffing" in large numbers multiple times a year. This year, November they threatened to riff me (Im management not Union) in December and then in December they brought in another person on to our team to take on some of the same work Im doing. To me if feels like a prearranged backfill for when they decide to riff me. How do I get the company to change their practice? It ruins lives of people that work very hard. They should get rid of the people that don't work instead of getting rid of the people you simply may not like or don't know.
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Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.

Thank you for trusting your question to JA today. I’m happy to be of assistance.

Unfortunately, unless you can demonstrate an illegal action by someone, it is very difficult to get them to change their practice. Employers have a very high level of discretion when it comes to hiring and firing practices. Unions have set up and have been successful, through collective bargaining, to obtain contracts which protect them from similar actions by employers, though not complete protection. The federal and state governments have gotten involved, in smaller ways, making it illegal to terminate for certain causes, like discrimination due to race, religion, gender, age, disability, recent FMLA use, worker's compensation use, OSHA complaints or wage and hour complaints.

Regrettably, unless the situation involves a person contract, a collective bargaining contract or an issue of discrimination, there is simply no way to compel an employer to change their hiring and termination practices. You can certainly appeal to their sense of fairness, but that is unlikely to work in this case and anyone with a sense of fairness wouldn't engage in this practice in the first place.

I do wish I could tell you differently here, but the law ties my hands.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service so that I receive credit for working with you today.

Expert:  Allen M., Esq. replied 11 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required.

If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.