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  1. #1
    Join Date
    Jan 2016
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    2

    Default Can an Employer Threaten Company Layoffs Based on Your Performance

    My question involves labor and employment law for the state of: TN
    Can an employer threaten layoffs of other staff based on your sales performance?

  2. #2
    Join Date
    Feb 2008
    Posts
    1,179

    Default Re: Can an Employer Threaten Company Layoffs Based on Your Performance

    well, yes. If company sales (or your personal sales) performance is bad at any company that generally means not enough revenue which leads to reductions in staff... Now it may or may not be a great motivational technique or best business practice but it's not illegal. Most would just threaten to lay you off personally

  3. #3
    Join Date
    Jan 2016
    Posts
    2

    Default Re: Can an Employer Threaten Company Layoffs Based on Your Performance

    Thank you for answering. I am not in danger of losing my job, but workers were given my name and told if I don't hit my numbers then they will be let go because of me.

  4. #4
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can an Employer Threaten Company Layoffs Based on Your Performance

    Yes, unfortunately, in a right to work labor friendly state like yours, in the absence of a union contract, the employer does not have to lay off by seniority, or first on first off or anything else, can just arbitrarily go through their workforce and lay off whomever they please to lay off. However, if they say it is a lay off due to "lack of work" it is a clean unemployment claim, and you will get at the maximum, 26 weeks at a maximum of $275 a week.

    And he can tell them anything in the world. Do your best, that's all you can do. Otherwise, it's just a management technique to try to make you feel responsible for other people's well being and their jobs, and if you are doing your best to hit your numbers, that's all you can do. Don't let them guilt you.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can an Employer Threaten Company Layoffs Based on Your Performance

    (Psst...It's because it's an "employment at will" state - RTW has to do with union membership)

  6. #6
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Can an Employer Threaten Company Layoffs Based on Your Performance

    Ooops! You're so right! I'm slipping badly. Tennessee is both, of course, right to work and AT WILL with a vengeance, but I fell right into the OP's classic, didn't I? Sorry.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Can an Employer Threaten Company Layoffs Based on Your Performance

    I've mentioned this before - I think it's interesting that the only state that is not at least nominally at will, is also not a right to work state. Therefore, it could truthfully be said that every right to work state is also an employment at will state.

    I know you know it - we all misspeak on occasion. Not to worry.

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