Can you lay off employees with the most seniority?
Please understand that we cannot offer you legal advice here. But, we do believe that the following information will be helpful to you. There’s no law that requires an employer to make layoffs in order of seniority.
Which is a legitimate purpose of a layoff?
The purpose of the layoff is to save money, undoubtedly a legitimate business purpose. The method it has chosen to decide who will get laid off will reasonably achieve the goal of cutting costs, while also allowing your employer to keep its highest performing long-term employees, another reasonable business goal.
Is it illegal for my employer to lay off employees with?
In the circumstances you’ve described, the answer is most likely yes, your company may do this. Although age discrimination is illegal, employers may rely on what the law calls “reasonable factors other than age” — including seniority — when making job decisions.
When did we lay off employees in the recession?
This economy has hit our small retail Insurance Agency hard, we laid off an employee May ’08, another at the end of ’08, cut wages—by 15%—last May (’09) and have done many other things to cut our expenses.
The purpose of the layoff is to save money, undoubtedly a legitimate business purpose. The method it has chosen to decide who will get laid off will reasonably achieve the goal of cutting costs, while also allowing your employer to keep its highest performing long-term employees, another reasonable business goal.
Is it illegal for an employer to lay off an employee?
Other potentially illegal reasons for a layoff include: If the employer violates public policy: For example, if an employee files a workman’s compensation claim or reports an illegal or unethical behavior, and then a couple of months later is terminated, that worker might be able to prove that the layoff was done in retaliation, says Siegel.
What are layoff procedures for permanent civil servants?
Layoff procedures for permanent civil servants are governed by the Civil Service Law. Civil Service Law requires that all provisionals in a layoff title must be terminated prior to any permanent incumbent being laid off.
Why is seniority no longer an important factor in employment decisions?
This in no longer the case. As mobility has increased in the workforce, the role of seniority has diminished. Declining union membership as a percentage of the workforce has also contributed to the reduced role of seniority as an important factor in employment decisions.