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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Employment Law
Satisfied Customers: 41221
Experience:  I provide employment and discrimination law advice in my own practice.
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When reducing staff due to seasonal fluctuations, must I put

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When reducing staff due to seasonal fluctuations, must I put newest employee on reduction or can it be anyone on the staff?

Thank you for your question. Please permit me to assist you with your concerns.


Legally there is no obligation to have any sort of 'seniority' unless this is a Union based employment or you have an agreement with the employees based on such terms. During seasonal fluctuations you can terminate anyone you wish provided that it is not based on factors that are against the law (such as age, gender, race, religion, national origin, creed, or disability if any). But beyond that as an employer you have full discretion to make whatever decision you deem necessary for your business.


Hope that helps.

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