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John
John, Attorney
Category: Business Law
Satisfied Customers: 697
Experience:  Trial Attorney, licensed in FL, GA, & AL. Rated 10 / 10 by avvo.
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On Thursday, about 12 15 p.m., my supervisor said she needed

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On Thursday, about 12:15 p.m., my supervisor said she needed to see me in the Conference Room. She and her supervisor (owner's daughter) advised me that due to a lack of work company-wide, they would have to lay me off indefinitely. I was the only part-time employee (34 hrs/wk); all others work 40 hrs/wk. My supervisor informed me the layoff was in no way related to previous tardy issues, and that if things were to pick up, they would definitely consider calling me back from layoff. I then signed paperwork stating I understood I was being laid off indefinitely, and also a technology agreement, in which I agree not to divulge trade secrets or any client/debtor information (the employer is a collections agency). I was then escorted to my desk, asked to remove any personal belongings, turned in my entry and desk keys, and was escorted to the door.

I'm wondering if this was handled improperly, as they called me the next day to offer me a brand new position with a large pay increase.
Submitted: 8 years ago.
Category: Business Law
Expert:  John replied 8 years ago.
It was not illegal, but was highly unprofessional. When terminating any employee, an employer should adhere to one simple rule: be fair in the treatment of the employee. Interestingly, although no law requires an employer to be fair in its treatment of employees, it prevents problems down the road. I am sorry I cannot offer you any further legal advice. You should take the job. It looks like it worked out in your favor.
Customer: replied 8 years ago.
Please review the additional info I provided.
Expert:  John replied 8 years ago.
Good point. They will have heightened standing to fight your unemployment claim if you refuse the position. I agree it is strange, but I have been practicing in this area for some time and there isn't much that they can do if you take the job.
Customer: replied 8 years ago.
Do you mean there isn't much they can do if I do or don't take the job. Your last sentence was confusing.
Expert:  John replied 8 years ago.
I am sorry. If you take the job, your unemployment goes away and I do not see any legal issues whatsoever.

If you do not take the job, they will have a defense to your unemployment claim. Otherwise, there are no legal rememdies that I otherwise see, either.
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