Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Jun 2020
    Posts
    2

    Default 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

  2. #2
    Join Date
    Oct 2016
    Posts
    4,220

    Default 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.

  3. #3
    Join Date
    Sep 2010
    Posts
    19,841

    Default 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?

  4. #4
    Join Date
    Jul 2010
    Posts
    7,941

    Default 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.
    I am the Mouse Man

  5. #5
    Join Date
    Jul 2018
    Posts
    2,589

    Default 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?

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,030

    Default 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.

  7. #7
    Join Date
    Sep 2010
    Posts
    19,841

    Default 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.

  8. #8
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,030

    Default 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.

  9. #9
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,491

    Default 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.

  10. #10
    Join Date
    Sep 2010
    Posts
    19,841

    Default 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.
    There's no certification or other requirements at calling yourself a "software engineer."

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast
 
 
Sponsored Links

Legal Help, Information and Resources