Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.
In employment law, seniority does not establish a legal right to being kept over others. So that fact alone is not enough to establish that you were improperly RIF'd when others were kept.
You'd have to establish that you should have been kept and that the only reason you were not was your race, religion, gender, age, disability or FMLA use, such that the employer was discriminating against you. Then you could note that evidence showing you should have been kept, among other things, was your seniority.
Then it would be a useful fact suggesting some other bias.
But no, just seniority alone does not establish a legal right to premier consideration in a RID decision. There are many other factors that an employer can place above seniority.
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