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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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how do you defend retaliation on a lay off

Resolved Question:

how do you defend retaliation on a lay off?
Submitted: 6 years ago.
Category: Legal
Expert:  JB Umphrey replied 6 years ago.
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What is in retaliation for?
Customer: replied 6 years ago.
employee filed suit against company on two officers--executive director my boss and me--division director. Retaliation is personal and employee accuses employer of laying employee off due to retaliation based on a personal relationship between current manager and a former manager. former manager left company three years prior to employee being laid off. current manager is accused of having a revenge for why former manager left company and employee claims current manager who laid her off could not wait to retaliate. meeting with our company lawyer this coming week and wanted to research this topic. i have good documenation on the budget cut we received and 6 other people were laid off same day so no retaliaiton in our records. any advice or examples of this could help me prepare.
Expert:  JB Umphrey replied 6 years ago.
Does this have anything to do with sexual relations?
Customer: replied 6 years ago.
no. employee is not making any sexual relations claims. employee is claiming the personal relations between one former employee with a current employee is basis for employee lay off and that lay off was made because the current employee could not wait to avenge the former employee separation. The employee suing was the whistle blower in former employee separation-- the separated employee was accused of rude comments, sexual comments, other bad communication and accused of making it hard for employees to work comfortable to perform their jobs. the former manager had a series of formal warnings and write ups and was eventually talked into resigning and all seemed well. well i got the top job 2 years after the former manager left and she is now saying we laid her off because of this prior employee and my relationship over 10 years ago. she says I retaliated for this prior tension and actually said I could not wait to retaliate and she also says we laid her off due to age discrimination
Expert:  JB Umphrey replied 6 years ago.
Are you the employer or the laid off employee?
Customer: replied 6 years ago.
i am the employer
Expert:  JB Umphrey replied 6 years ago.
As the employer, what do you claim the basis for the lay-off is?
Customer: replied 6 years ago.
first reason is no money. in 2007, the revenue was cut for this project; public knowlege and all staff were informed and aware it was budgetary; we have copy of letter of cuts from the local agency and we also; second reason is the change in the funding rules on qualifications on staff; the funder requiring more certifications and licensing which the laid off employee did not have and had been given time to address about the rules changing and if we did not comply with state rules, our license would be at risk.
Expert:  JB Umphrey replied 6 years ago.
Are you being sued over this or are you fighting/defending an unemployment claim?
Customer: replied 6 years ago.
being sued. no unemployment claim. employee received unemployment for I think 2 years. Have not seen legal docs, been on vac and will read actual next week. meet with corporate attorney
Expert:  JB Umphrey replied 6 years ago.
When you meet with the corporate attorney, the only way to defend is with the truth (e.g., with the reasons you outlined in an earlier reply). You and the attorney know the facts better than anyone else. You just have to make sure that the facts are there to support the picture that you're painting.

Good luck and best wishes for better days ahead. I hope that you find this information to be helpful and this answer to be ACCEPTable!
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