ExpertLaw.com Forums

What Are My Right Can I Sue the Emploter

Printable View

Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
  • 06-23-2020, 10:34 AM
    member007
    What Are My Right Can I Sue the Emploter
    Hi, I am a software engineer and I have been working with a company for almost 17 years and they decided to lay me off all of sudden. I haven't been given any clear reason why I am getting laid off. So here are my questions...

    1. Can I go back and ask HR to provide me the reason why I was selected? I was a major player in the project, but some people didn't like me. I strongly believe that they played politics to kick me out. So can I ask HR to review all the selection criteria once again?
    2. Before the layoff was announced, the management made me and a few others work for 100 hours a week (which is 250% more than usual 40 hours) for about 5 months in order to complete a project with a very aggressive timeline. What can I do to get compensated for those extra hours? Should I reach out to HR or work with an attorney to pursue my case with my employer?

    thanks
  • 06-23-2020, 10:49 AM
    PayrolGuy
    Re: What Are My Right Can I Sue the Emploter
    Quote:

    Quoting member007
    View Post
    Hi, I am a software engineer and I have been working with a company for almost 17 years and they decided to lay me off all of sudden. I haven't been given any clear reason why I am getting laid off. So here are my questions...

    1. Can I go back and ask HR to provide me the reason why I was selected? I was a major player in the project, but some people didn't like me. I strongly believe that they played politics to kick me out. So can I ask HR to review all the selection criteria once again?
    2. Before the layoff was announced, the management made me and a few others work for 100 hours a week (which is 250% more than usual 40 hours) for about 5 months in order to complete a project with a very aggressive timeline. What can I do to get compensated for those extra hours? Should I reach out to HR or work with an attorney to pursue my case with my employer?

    thanks

    1. You can ask anything you like. They do not have to answer you.
    2. How are you paid? Hourly, Salary? What state are you in? What do you think you have a "case" about.
  • 06-23-2020, 10:49 AM
    flyingron
    Re: What Are My Right Can I Sue the Emploter
    You have my condolences. The where the company I worked for 21 years under new management called me up on the phone and terminated me.

    1. You can always ask. They're not under any obligation to give you a reason. As far as the law goes, they can fire you for any reason as long as it isn't for certain protected reasons (age, race, religion, making complaints to regulators). Their answer is almost surely, economic downturns required a reduction in force.

    2. If you are an exempt employee, they're free to make you work as many hours as they like without additional compensation. If you were a non-exempt employee, you are entitled to overtime for those hours over 40. Given 17 year as a software engineer, I'm guessing you probably were exempt.

    What state is this?
  • 06-23-2020, 10:51 AM
    free9man
    Re: What Are My Right Can I Sue the Emploter
    What state did this occur in? If you are in the US, there is a chance that your job makes you exempt from OT so you would not be due any additional pay for the extra hours worked. We would need to know types of duties you performed as the primary part of your employment to be sure though.
  • 06-23-2020, 12:39 PM
    pg1067
    Re: What Are My Right Can I Sue the Emploter
    Quote:

    Quoting member007
    View Post
    Can I go back and ask HR to provide me the reason why I was selected? . . . So can I ask HR to review all the selection criteria once again?

    We have no reason to assume you lack the ability to ask these questions. If your intent was to ask about legality, did you really think there might be some legal prohibition against asking questions?


    Quote:

    Quoting member007
    View Post
    What can I do to get compensated for those extra hours? Should I reach out to HR or work with an attorney to pursue my case with my employer?

    Are you seriously telling us that you worked 100 hours per week for five months without receiving any pay from your employer? That's just not believable. Maybe your intent was to ask about receiving MORE compensation than you already received. If so, what would make you think that you might be entitled to more money than you already were paid?

    P.S. In what state were you employed by this employer?
  • 06-23-2020, 03:11 PM
    eerelations
    Re: What Are My Right Can I Sue the Emploter
    Software engineers are exempt. I have had to look this up over and over and over again ad nauseum for software engineers (and system architects and web designers and systems administrators) who JUST COULD NOT BELIEVE that they weren't legally entitled to OT pay. Got it down pat now I think. :)
  • 06-23-2020, 03:34 PM
    flyingron
    Re: What Are My Right Can I Sue the Emploter
    They are if they're paid more than $35,568/year. But as I stated, I'm guessing that with 17 years of experience he was getting way more than that.
  • 06-23-2020, 06:42 PM
    eerelations
    Re: What Are My Right Can I Sue the Emploter
    There's probably no such thing as a software engineer that gets paid less than $35K per year. :D
  • 06-24-2020, 08:23 AM
    cbg
    Re: What Are My Right Can I Sue the Emploter
    If the question is, does HR have to give me a reason for the layoff or justify the termination to me, the answer is no, they do not.
  • 06-24-2020, 01:24 PM
    flyingron
    Re: What Are My Right Can I Sue the Emploter
    Quote:

    Quoting eerelations
    View Post
    There's probably no such thing as a software engineer that gets paid less than $35K per year. :D

    There's no certification or other requirements at calling yourself a "software engineer."
Show 40 post(s) from this thread on one page
Page 1 of 2 1 2 Next LastLast
All times are GMT -7. The time now is 09:33 PM.
Powered by vBulletin® Version 4.2.4
Copyright © 2023 vBulletin Solutions, Inc. All rights reserved.
Copyright © 2004 - 2018 ExpertLaw.com, All Rights Reserved