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  1. #1

    Default I Was Laid Off Due to "Restructuring"

    After 11 years (first 2 years through a temp agency) and just a few months from being vested, I was laid off from a large cable company in Orange County. Others were as well but I don't know just how long they worked there. I was at the top of the pay grade for my position. Told in the first week of Sept that the company was being "restructured" and that my last day would be Oct 2 but that I, along with others, could reapply for my position during the month of Sept!! Which I did. Several of the interviews gave me "thumbs up" after the interview and one said that I had "aced it". Later I was told that I would not be rehired, that I didn't qualify (for the job I'd held for so long). The coup de grace was when I discovered that the person hired to take my place was someone I had recently been training and who knew much less than I did and I am sure that she is being paid much less than I was. By the way, I was a stellar employee and gave 110%. See below.
    *2000-2009 AGAP (Annual Growth And Progress) Employer/Employee Revue.
    Annual revenues met and/or exceeded company expectations, personal goals.

    *2008 (MVP)Most Valuable Player
    As voted by peers for outstanding internal company, external customer support.

    *2005 DSR -Sales Operations Support reward
    Quarter #1 RGU (Revenue Generating Units) MDU,SOS support representative.

    *2000-2001 Tele-Star
    Voted by peers.

    Lastly, I am a 45 yr old disabled male. I am an achondroplasic dwarf but I don't believe that played at all in their decision. Yet not sure.
    I am sure that what they did was morally wrong but was it illegal?

    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,611

    Default Re: I Was Laid Off Due to "Restructuring". California

    Not based on what you have posted.

  3. #3
    Join Date
    Jan 2008
    Posts
    1,948

    Arrow Re: I Was Laid Off Due to "Restructuring". California

    The 'good' news is that -based on what you wrote - you are qualified to receive unemployment benefits.

  4. #4

    Default Re: I Was Laid Off Due to "Restructuring". California

    It's me again--practicekindness. Today I was told that if these actions are true, I should talk to an attorney who practices Labor Law:
    * I was let go due to what he company called "restructuring".
    * The position that I held was NOT eliminated but filled by someone else for less
    money.
    * In January I would have had "tenure", so to speak.
    Are they mistaken?

    Thanks for your replies.

  5. #5
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,072

    Default Re: I Was Laid Off Due to "Restructuring". California

    They are mistaken.

    Google "employment at will". Absent an employment contract or collective bargaining agreement, you can be let go because your boss thinks you're boring, no matter how many awards you've accumulated and how many years you've worked for the place.
    I'm not a lawyer, but I play a researcher on the internet!
    Caution: I bite. WARNING: Do not send questions or complaints by PM. I'm likely to post them publicly and embarrass you half to death.
    I'm training for the MS Society's Bike to the Bay - and blogging about it!

  6. #6
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    17,611

    Default Re: I Was Laid Off Due to "Restructuring"

    What few people fail to realize is that a position being eliminated does NOT mean that the job duties no longer need to be done, but that fewer people will be doing the same duties. In virtually all "position elimination" situations, someone else then takes on the duties of the eliminated position, in addition to their own.

  7. #7
    Join Date
    Dec 2007
    Posts
    2,360

    Default Re: I Was Laid Off Due to "Restructuring"

    Agree with cbg (what's new?). "Position elimination" is almost always a function of head count, nothing more.

  8. #8
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: I Was Laid Off Due to "Restructuring"

    I agree with cbg and Patty that based on what you have said you really don't have anyplace to go.

    However, your case "feels" to me that there is more under the surface that you haven't said. If I'm correct about that, there is no need to post more details here. You should:

    1. Go see an employment attorney. You'll get a free consultation for about an hour in which you can show him whatever documentation that you have, explain the situation from your perspective, answer his questions, and let him determine if you have a case. Make sure when you make the appointment that it is agreed that it is an initial free consultation. Almost all will do that, but get that from them, not me.

    2. Don't downplay your disability. Bias against disabilities can take many forms, and it often is not as obvious as discrimination against some of the other protected classes.

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