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Recent Layoff questions

I was informed today that I am slated to be off due to lack

I was informed today that I am slated to be laid off due to lack of work as part of a RIF in our office. I am a mid-manager with an engineering firm that evidently has established a new minimum level of utilization percentage at 75%. My YTD utilization is currently 60% although is slated to improve due to a recently received new project. There are a number of other mid-managers in the office; their utilization percentages for YTD are 15%, 36%, 40%, and 32% respectively, but I do not think they are on the RIF list. Additionally, they hired a new supervisor over me with 12 years less experience & his utilization for his first two months is 1%. He is not on the RIF list. All of my annual performance evaluations have been very good-excellent. I am 63 yrs. old. My question is: do you think I would have recourse should the other mid-managers not be laid off, yet I was? Thank you so much! --GeneJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Texas.JA: Is the employment agreement "at will," union, full time or part time?Customer: Full time, at-will.JA: Anything else you want the lawyer to know before I connect you?Customer: When I was an employer, I remember something about an "older worker class" that seemed as though they had some rights beyond the usual employee. Not sure if that is true or even applies in Texas, but thought I would mention it. Thanks again.

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Patrick, Esq.

Doctoral Degree

20,696 satisfied customers
I got off, less than 24 hours notice. That same day. Old

I got laid off, less than 24 hours notice. That same day. Old employee came back. Also a new employee hired. I was told that she could not afford me anymore, l have a Text from her 2 weeks earlier, that I am very valuable to her and my 23 dollars an hour was no problem. I worked here 5 years, took s few years off. Was re employed 1 year ago

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

119,220 satisfied customers
If I'm a California employee, and was off because my company

If I'm a California employee, and was laid off because my company decided to move our office to another state, should I be getting severance?

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Patrick, Esq.

Doctoral Degree

20,696 satisfied customers
MN-Employer allowed me to work full time on billable clients

MN-Employer allowed me to work full time on billable clients for two weeks. After the two weeks they send me backdated a separation agreement to say my final day of work was two weeks before.

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Patrick, Esq.

Doctoral Degree

20,696 satisfied customers
In the state of, how is a layoff defined? My employer is

In the state of Washington, how is a layoff defined? My employer is disbanding my team and therefore my position is being phased out. The "default" position they are giving me is different and they are not providing training. They are just expecting me to transition to the new role with a new title, new manager, new team and new responsibilities. However they have told me if I don't accept this new role, I would be resigning from Zillow. Is this accurate?

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John

Attorney

Doctoral Degree

9,656 satisfied customers
Would like advise with a situation. I started a new job

Hello- Would like advise with a situation. I started a new job (financial services sector) in March. This company initially contacted me. They explained that they were in the process of being bought out, but many positions were needed. When I asked about job security with the buyout, they said that while they could not guarantee anything, layoffs were unlikely. After I accepted the offer, the recruiter stated that I had to sign an agreement indicating that I must pay back the company (old or new) $20,000 for training if I leave on my own within 2 years. (huh?) Anyway, 2 months into the job, it looks like I will likely be severed in September after a 60-day working notice in July. This is what my boss predicts. (No performance issues, BTW). He thinks we will all be gone. Anyway, he has indicated to me that I was hired in a mass hiring to secure this buyout deal-so that none of the offices would be short-staffed. There was no bona fide sure job for me when hired-he just could not tell me that during the interview. Now, my former employer may have a job for me, but it cannot wait until fall to be filled. I believe that I was lied to about this job. Do I have cause to get out of paying my company back if I leave? The recruiter told me yesterday that yes they will come for me for the money. If I don't pay them, will there be a judgement. I am 49 years old and I am afraid of being out of work long-term. Thanks.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: Doing something to "get fired" is not appealing, BTW. I am a stockbroker and any terminations go on my permanent broker record for any employer in the industry to see.JA: Has anything been filed or reported?Customer: I am sorry, what do you mean by filed or reported?JA: Anything else you want the lawyer to know before I connect you?Customer: No ok thanks!

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John

Attorney

Doctoral Degree

9,656 satisfied customers
I took a Voluntary layoff with a separation package in Feb.

Hello -I took a Voluntary layoff with a separation package in Feb. The company has a TAA petition that expires in Nov. I knew my job was over in June / July. To be able to take the TAA window in time (sign up for fall classes) I needed to take the Voluntary layoff as offered. Yesterday the PA UC has called my UC claim into question claiming I voluntarily quit. I am not sure what to put on the paperwork they want faxed to them by 5/30/2017. Do I stand a chance? Thank YouJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: PAJA: Is the employment agreement "at will," union, full time or part time?Customer: union but I had no bumping rights, departmental seniority.JA: Anything else you want the lawyer to know before I connect you?Customer: That's about all

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John

Attorney

Doctoral Degree

9,656 satisfied customers
I have received an unfavorable annual performance

I have received an unfavorable annual performance evaluation. The supervisor that administered it put almost everything on it that was untrue...meaning there were no coaching sessions whatsoever. The only favorable had to do with safety. It is my opinion based on my military experience and my 30 years being in corporate America, is that there should be no surprises during the evaluation. Generally anything considered should be supported by documentation of which in this case there was no documentation. He says he was new to the process and that he would try harder to be a better supervisor going forward. That's no excuse in my opinion. Also, the company is loosing money. That's why in my opinion that anything that destroys morale, miscommunication, etc should be addressed almost immediately. Supervisor should not bucket comments or items and bring them up during the evaluation. Also, this supervisor was a senior NCO in the military. He knew what he was doing although it was wrong. I have brought my concerns to his supervisor which is a director and the HR manager. I'm concerned because no one seems to have a sense of urgency on addressing this issue. After contacting my director about 2 week later he says the discussion between my supervisor and he was scheduled. The company at this time just had a layoff which affected several employees in my group of which there was no severance pay and we may be going through another one within the next few months. What approach do you think I need to take? I know that I am not been treated fairly. I am a black male over 60 years only and I pride myself on doing good quality work.

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Phillips Esq.

Attorney

Juris Doctor

22,648 satisfied customers
Two men, both in their 50s, both married to women and both

Two men, both in their 50s, both married to women and both with children humorously refer to each other as their work spouses, not in a gay way, but in a Fred and Ethel way. They take walks together everyday and they share meals in group settings, as if they are an old married couple. I am their manager, a man in his 50s, married with children. On five or six occasions over a two year period, I joked about their romantic walks and teased them, along with others, about their sharing of meals. Together, these two men are teasers themselves and have even interlocked arms as if to feed each other romantically to ramp up the humor. My company has just had a significant lay off and my larger group was affected. This leaves only these two men remaining in their sector, plus their supervisor. The one with the least experience and last to be hired has just accused me of sexual harassment for my five or six comments. I openly admitted to HR for making them because they were consistent with these men's portrayal and were well received. The man accusing me never expressed any concerns to me, nor his direct supervisor (to whom he routinely complains about everything else in life). So, when HR called me in, I was in disbelief. HR confirmed that the other man, a senior staffer, refused to make a complaint against me. In fact, that man reported to his supervisor that he disagrees with the complaint and said that it is being done to avoid probable layoff. That man later told me the same thing and also added that he sent a follow up email to HR to confirm that he was not supportive of the accusation. I asked HR to obtain context by interviewing the rest of my staff, which works in a different group along side these men. No interviews were done and I was found in violation of the company's sexual harassment policy for making unwelcomed comments of a sexual nature. I will have to attend sensitivity training (I don't mind at all). Over the past 3 years, I have taken all of the companies required sexual harassment courses (probably 6) and have never seen anything that describes this as harassment. Lastly, the accuser has not used sick or vacation time (has lots available) and his work volume continues to be very good. Do the comments I made rise to the level of being sexual in nature and does this automatically constitute harassment? Does context matter?

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Maverick

Doctoral Degree

8,422 satisfied customers
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