How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
A new question is answered every 9 seconds

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
< Last | Next >
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther Woodstock, NY
  • Thank you so much for taking your time and knowledge to support my concerns. Not only did you answer my questions, you even took it a step further with replying with more pertinent information I needed to know. Robin Elkton, Maryland
  • He answered my question promptly and gave me accurate, detailed information. If all of your experts are half as good, you have a great thing going here. Diane Dallas, TX
 
 
 

Downsizing Questions

Downsizing, also known as "trimming the fat" is a common practice in the business world, used in an attempt to make the business more efficient. Downsizing generally begins with thinning the overall number of employees within a company. With a weak economy, downsizing may be the difference between keeping the company afloat or sinking. Downsizing and layoffs can create a panic among employees and many questions will arise. Many people ask the Experts for answers about company downsizing and employment law. The Experts cover a wide range of downsizing related questions and can answer any question you may have. Below are five of the top downsizing questions that have been answered by the Experts.

Can employers deny a severance package if an employee refuses to relocate? Also, can an employee be terminated while on medical leave?

Without a written employment contract, your employer isn't required to offer you any type of fringe benefits. However, if you think that you are denied a severance based on a protected class such as age, race, gender, religion, or disability, you could file a complaint with the Equal Employment Opportunity Commission (EEOC) and allow them to determine if you have a discrimination suit.

As for your second question, without a contract that states otherwise, your job is protected for 12 weeks under the Family and Medical Leave Act. If your employer terminates you during the 12 weeks, you can file a complaint with the EEOC and the commission on human/civil rights. However, once the 12 weeks are up, your employer can terminate you.

If an employee is terminated due to a company downsizing, should the employee "help" the ex-employer?

You shouldn't be expected to do anything for your ex-employer unless you want to. Considering the fact that the employer let you go, you should hesitate to do any favors for them. If in fact, they need your assistance, they should be paying you a consultant fee or offering you a job. There is no legal obligation that requires you to assist the ex-employer, especially without pay.

If a company is downsizing and offers an employee a different position in order to keep their job, does the company have to give a job description?

A company isn't required to offer a job description. If a company did give a job description, they are not legally bound to the description. The legal aspect of the job description is that it is not an employment contract; therefore it doesn't create a legally binding structure. This also allows the employer to change the circumstances of a position at any point during the employment. The choice is yours to determine if the changes are worth the pay and your time.

In Louisiana, is it legal for a company that is downsizing to offer an employee another position, but later terminates the employee?

Louisiana law states that if you don't have a written contract with your employer, they can terminate your position at any time and without cause. As long as the employer doesn't terminate your position based on your race, age, gender, religion or a disability, they are within their right to terminate you.

In California, is it legal for a company that is closing to deny the employee's benefits that have already been earned?

If an employer denies an employee's benefits that have already been earned, they are in violation of California labor law. You can contact the Department of Industrial Relations and report the violation. You can go here: http://www.dir.ca.gov/

When a company begins downsizing in order to stay afloat in a poor economy, the employees are flooded with panic. Many people have questions about their employment rights and want to learn more about corporate downsizing and how it affects the employee. If you are dealing with company downsizing, need downsizing help, or just want to learn more about downsizing and layoffs, you can ask an Expert. The Expert's answer many questions related to downsizing and can offer you a solution to your individual situation in an efficient and knowledgeable manner.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8057
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
3 Employment Lawyers are Online Now

How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Ron
ASE Certified Technician
Satisfied Customers: 21579
23 years with Ford specializing in drivability and electrical and AC. Ford certs and ASE Certs
Dr. Y.
Urologist
Satisfied Customers: 18592
I am fellowship trained specializing in general urology and reconstructive urology.
John
Home Appliance Technician
Satisfied Customers: 13453
Appliance repair business owner for over 43 years.

Recent Downsizing Questions

  • My daughter-inlaw was fired about 4 months ago.She had worked

    My daughter-inlaw was fired about 4 months ago.She had worked for this company for over 15 yrs.She had survived company restructuring and downsizing. She worked for a home builder here in Arizona.She was written up after having words with a newer female who was not her boss.After 15 years she was let go with no severance and people layed off befor her received severance pay.Did the company legally owe her severance pay. Thank You
  • Company is downsizing... jobs are being eliminated and people

    Company is downsizing... jobs are being eliminated and people are being moved around. What are the legal ramifications to this? Say... we are eliminating District Manager positions, but we have ppl that have been in those position for quite some time, we want to allow the District Managers and/or people with tenure and experience to replace some of the newer branch managers... is that a legal issue?
  • My wife was fired by the state of California in a statewide

    My wife was fired by the state of California in a statewide downsizing. California claims they overpaid her in her last year she worked. They say they overpaid in January and she was laid off in December of 2012. They're going after her now and threatened collection action. What can she do?
< Last | Next >
View More Employment Law Questions