Layoff question.

[codeyell0]

Jurisdiction

Georgia

This is just curiosity. Nothing happened.

Can companies use layoffs to get rid of people they don't want? spouting downsizing or something.
Maybe all the higher-paid employees, people close to having a pension, and people they don't want to deal with, but no one has any major issues write-ups, etc.
Just examples. Maybe during Covid they were desperate and hired many people with higher salaries, but now that things have calmed dow,n they are paid too much let us get rid of them.
If they lay you off and then start hiring replacements, do they have to try and get you your job back?
Can they do that?

 

[justblue]

This is just curiosity. Nothing happened.

Can companies use layoffs to get rid of people they don't want? spouting downsizing or something.
Maybe all the higher-paid employees, people close to having a pension, and people they don't want to deal with, but no one has any major issues write-ups, etc.
Just examples. Maybe during Covid they were desperate and hired many people with higher salaries, but now that things have calmed dow,n they are paid too much let us get rid of them.
If they lay you off and then start hiring replacements, do they have to try and get you your job back?
Can they do that?

I am tagging @cbg our employment law guru.

 

[justblue]

I'm going to ask some clarifying questions:

1. Are there any employment contract with these employees?
2. Are these employees in a Union?

 

[welkin]

Can companies use layoffs to get rid of people they don't want? spouting downsizing or something.
Maybe all the higher-paid employees, people close to having a pension, and people they don't want to deal with, but no one has any major issues write-ups, etc.
Just examples. Maybe during Covid they were desperate and hired many people with higher salaries, but now that things have calmed dow,n they are paid too much let us get rid of them.

In an at-will employment state, the answers are yes absent a collective bargaining contract that says otherwise.

If they lay you off and then start hiring replacements, do they have to try and get you your job back?

No.

At-will employment means an employer can terminate an employee at any time, for any reason, as long as it's not illegal, and the employee can also quit at any time without notice. This doctrine generally applies unless there's a specific employment contract or other legal agreement stating otherwise.

 

[cbg]

The answer is both yes and no.

It would be illegal to lay someone off for the sole purpose of depriving them of vesting in a pension or other retirement plan, or to prevent someone from qualifying for benefits that they would otherwise be eligible for. Please note that someone who is just about to qualify for benefits CAN be laid off - they just can't be SELECTED for layoff BECAUSE they are about to vest in a retirement plan, or whatever.

However, with that qualification, the above post is more or less correct. Barring a legally binding and enforceable contract or CBA to the contrary, an employee can be laid off because they are paid too much, or because there are too many workers for the available work, or because the day of the week ends in Y.

 

[army judge]

Can companies use layoffs to get rid of people they don't want?

What to expect if you're laid off

A typical layoff goes something like this:

• You will likely be called into a meeting with a senior member of the team and human resources
• In the span of 30 minutes, they will explain the conditions of your termination
• Typically, you will be given a packet of documents, including a copy of your employment contract and benefits information
• Rarely, you will be offered some severance pay
• In California, you will be provided with a last paycheck during the meeting
• You will be asked to sign some paperwork and to give feedback on your experience with the company
• A member of HR or security will walk you to your desk and help pack essential items (things you cannot carry will be mailed to you)
• You will be asked to give back your badge and equipment and escorted off the premises same-day

Companies may attempt to use layoffs to remove underperforming employees, but this approach can lead to legal issues if not handled properly. Layoffs should be based on legitimate business needs rather than personal grievances against specific individuals.

Companies can lay off employees, but doing so can harm company culture, employee morale, and overall productivity. Research shows that layoffs often lead to negative consequences for both the employees who are let go and those who remain, making it a challenging decision for organizations.


Under the guise of the corporate layoffs trend, some organizations are downsizing poor performers, malcontents, time-wasters, toxic rumormongers and troublemakers, vanity hires, highly paid professionals and those fighting against returning to the office.



In today's litigious society, laying off workers could end badly for companies. The terminated employees may file claims with the United States Department of Labor asserting that they were let go due to discrimination or biases over race, religion, sexual orientation or age. It could become a public relations nightmare, as the company, its executives and managers would be pilloried on social media and risk losing their jobs for being perceived as racist, ageist or sexist.

The 'Everyone Is Doing It' Excuse

There is a domino effect. Since many firms are laying off workers, it's become socially acceptable for businesses to do the same. Once layoffs become socialized, it's easier for other companies to trim their headcount as well. The wave of firings is offering businesses the option to let go of workers under the cloak of "downsizing" to be prudent. They don't have to worry about claims of age, race or other discriminations. After all, they are just being cautious and trimming expenses.

How Did We Get Here?

The war for talent during the Great Resignation pushed businesses to hire and retain workers, even if they didn't meet all necessary job requirements. Managers realized that if they didn't recruit and onboard people quickly, they'd lose out to their competitors.

If seats were left empty, the workload would be dumped on the rest of the team. After a while, the staff would get frustrated over all the extra hours worked without a pay increase and start updating their résumés and contacting recruiters.

Some Employers May Be Using Layoffs To Get Rid Of These Types Of Workers

Under the guise of the corporate layoffs trend, some organizations are downsizing poor performers, malcontents, time-wasters, toxic rumormongers and troublemakers, vanity hires, highly paid professionals and those fighting against returning to the office.

www.forbes.com

 

[codeyell0]

Thank you for the info.

 

[zddoodah]

Can companies use layoffs to get rid of people they don't want?

Of course, and they do all the time.

If they lay you off and then start hiring replacements, do they have to try and get you your job back?

No.

Can they do that?

Most (but not all) employment in the United States is what is known as "at will." That means that the employee can quit at any time and for any reason, and the employer can fire the employee at any time and for any reason other than a reason that is expressly illegal (e.g., discrimination on the basis of race, ethnicity, gender, age (if over 40), etc.). In addition to what has already been noted, firing someone who is close to having a pension vest is dangerous because it's often a pretext for age-based discrimination.