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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 19181
Experience:  Employment/Labor Law Litigation
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My employer me off due to RIF. My company has 5 other

Customer Question

My employer laid me off due to RIF. My company has 5 other employees with the same job title and I have more seniority than 4 of those employees. Do I have any recourse?
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: North dakota
JA: Has anything been filed or reported?
Customer: In what regard
JA: Anything else you want the lawyer to know before I connect you?
Customer: Not that I'm aware of
Submitted: 10 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 10 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

In employment law, seniority does not establish a legal right to being kept over others. So that fact alone is not enough to establish that you were improperly RIF'd when others were kept.

You'd have to establish that you should have been kept and that the only reason you were not was your race, religion, gender, age, disability or FMLA use, such that the employer was discriminating against you. Then you could note that evidence showing you should have been kept, among other things, was your seniority.

Then it would be a useful fact suggesting some other bias.

But no, just seniority alone does not establish a legal right to premier consideration in a RID decision. There are many other factors that an employer can place above seniority.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 10 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.