Can Your Employer Lay You Off if They Previously Suggested That Your Job Was Safe
My question involves business law in the state of: MA
My company is undergoing mass layoffs due to self inflicted budgeting issues. I was told by my director that everything would be fine, and my department was not going to have any layoffs. Instead, a week later, they told us that the positions are being discontinued momentarily (so everyone is technically losing their jobs), and that in order to retain them we had to reapply for them, except only half of the positions are available. Is this legal? Is there anything I can do?
Re: Told No Layoffs - Department Dissolved and Rebuilt
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sadpanda5
My question involves business law in the state of: MA
My company is undergoing mass layoffs due to self inflicted budgeting issues. I was told by my director that everything would be fine, and my department was not going to have any layoffs. Instead, a week later, they told us that the positions are being discontinued momentarily (so everyone is technically losing their jobs), and that in order to retain them we had to reapply for them, except only half of the positions are available. Is this legal? Is there anything I can do?
Its perfectly legal. However, those who are not "rehired" will absolutely be eligible for unemployment.
Re: Told No Layoffs - Department Dissolved and Rebuilt
Yes, it is legal. What you can do is apply for your job. If you don't get it, you can apply for unemployment.
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sadpanda5
My company is undergoing mass layoffs due to self inflicted budgeting issues. I was told by my director that everything would be fine, and my department was not going to have any layoffs.
He lied. Corpies do that.
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sadpanda5
they told us that the positions are being discontinued momentarily (so everyone is technically losing their jobs),
Nothing technical about it. You ARE losing your job.
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sadpanda5
in order to retain them we had to reapply for them, except only half of the positions are available.
Likely some lies in there, too. Don't trust those people anymore.
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sadpanda5
Is this legal?
Yes.
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sadpanda5
Is there anything I can do?
Yes. Polish up the resume and start looking for another job ASAP before half your co-workers hit the job market looking for the same jobs you're looking for.
And make sure you file for unemployment the day you get laid off. It's not retroactive. If you delay filing because your employer might be "considering your application" you'll just get screwed out of money. If your employer says "don't file because we'll have a decision for you soon" well, that's a lie, too.
Re: Told No Layoffs - Department Dissolved and Rebuilt
Mr. Cynical always makes the assumption that any reversal is always a deliberate and direct lie. Having been in exactly the same situation, I can assure you that is not always the case. Business changes can result in having to reverse decisions and a week ago they may not have anticipated layoffs. YES, I have been in exactly that situation - no layoffs were anticipated until we lost fully half of our funding overnight and with no warning.
However, he is right that you need to apply for unemployment immediately regardless. If you are called back to work you don't have to follow through, but every day that you wait is a day you won't get benefits for if you're not. Because of some rather unique rules MA has for phone-in claims, I strongly recommend that you either use the online services or go physically to one of the walk-in centers if you are close to one. It will take MUCH less time that way - the DUA phone lines are crap.
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cbg
Mr. Cynical always makes the assumption that any reversal is always a deliberate and direct lie. Having been in exactly the same situation,
Who? adjusterjack? Cynical? Never!!!
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cbg
Mr. Cynical always makes the assumption that any reversal is always a deliberate and direct lie.
I knew that was coming. :friendly_wink:
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harrylime
Who? adjusterjack? Cynical?
And proud of it. :friendly_wink:
Re: Told No Layoffs - Department Dissolved and Rebuilt
I'll stop pointing it out when you acknowledge that there can be times when there are actual business needs to reverse earlier decisions and that not every time an employer has had to reverse direction means a knowing and deliberate falsehood.
As long as you continue to insist that there can be no possible reason for any kind of change of decision than a lie made knowingly and deliberately, I will continue to point out that by my personal knowledge you are wrong.
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cbg
I'll stop pointing it out when you acknowledge that there can be times when there are actual business needs to reverse earlier decisions and that not every time an employer has had to reverse direction means a knowing and deliberate falsehood.
Oh, I can acknowledge that.
It's this OP's case that doesn't pass the smell test.
And most others that end up on these sites don't either.
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cbg
As long as you continue to insist that there can be no possible reason for any kind of change of decision than a lie made knowingly and deliberately, I will continue to point out that by my personal knowledge you are wrong.
I'm OK with that.
Re: Told No Layoffs - Department Dissolved and Rebuilt
You do realize, don't you, that even if the OP's employer is lying in his teeth and she can prove it, it doesn't change her legal options one iota?