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Legal/Employment question

OrigScreaminDemon

OrigScreaminDemon

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This is most likely a dumb question, but I am really curious. Can a company lay off and employee via a reduction in force, tell the employee that the position is being eliminated, and then post the position again to be filled? This is in NC and I know that employment is at will, but this just seems shady. Any thoughts are appreciated.
 
I have absolutely no clue, but my guess is yes.

ETA: Shouldn't say absolutely no clue, but not enough of a clue to really listen to.
 
my guess is if 4 african american 55 year old women are let go and replaced by 4 young male whities, this may not be too kosher even in an at will state, but don't hold me to it
 
They would probably say that circumstances changed. As in we didn't have the work and laid some people off, then got a big contract and needed more people. Definitely sounds shady on the surface though.
 
Depends if it is all a pre-text to cover an illegal motive. Assuming for argument's sake that it was an illegal motive, the next practical question is whether the employee can prove the illegality. Showing that the employer' stated explanation is "false" is the first step in most cases to actually getting the case before a jury.
 
It's only fine if the person you're talking about can't or doesn't want to file some other type of claim against the employer -- discrimination, retaliation, etcFor instance, if your friend is over 40, is told that his position is being eliminated as part of a RIF, and the employer proceeds to immediately fill the supposedly eliminated position with someone much younger, it could be pretty solid evidence of discrimination. That employer's practice is something I would advise against vehemently, if true. Which is pretty much what moon said.
 
What is the time span between the time of layoff & the time that the job was reposted? Is the job description/duties/skills the same or are they different and the new job just has the same job title?
 
Shooshmoo said:
It's only fine if the person you're talking about can't or doesn't want to file some other type of claim against the employer -- discrimination, retaliation, etcFor instance, if your friend is over 40, is told that his position is being eliminated as part of a RIF, and the employer proceeds to immediately fill the supposedly eliminated position with someone much younger, it could be pretty solid evidence of discrimination. That employer's practice is something I would advise against vehemently, if true. Which is pretty much what moon said.
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Well I am over 40 and it was my position. I was told, along with many others, that my position was being eliminated. Now the position is posted on the company website.
 
DeaconPeach said:
What is the time span between the time of layoff & the time that the job was reposted? Is the job description/duties/skills the same or are they different and the new job just has the same job title?
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We were laid off on Oct. 1, 2010. I do not know when the position was posted, most likely in the last 2-3 months. The job desription is identical.
 
My thoughts

OrigScreaminDemon said:
We were laid off on Oct. 1, 2010. I do not know when the position was posted, most likely in the last 2-3 months. The job desription is identical.
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I'd say that that was long enough for a new fiscal cycle to occur and the business needs changed. (Or that is what the company would say)... So no gounds for a suit or anything, but def right to be pissed..
 
OrigScreaminDemon said:
This is most likely a dumb question, but I am really curious. Can a company lay off and employee via a reduction in force, tell the employee that the position is being eliminated, and then post the position again to be filled? This is in NC and I know that employment is at will, but this just seems shady. Any thoughts are appreciated.
Click to expand...

This is the exact thing that happened with me and AON. I was given a position, my offer was taken back and they posted that job back two weeks later.

AON is a piece of shit company.
 
Deacon92 said:
I'd say that that was long enough for a new fiscal cycle to occur and the business needs changed. (Or that is what the company would say)... So no gounds for a suit or anything, but def right to be pissed..
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That's what I thought, I will be curious who they hire too. I am happy to not be working in Madison, NC and I am not a big fan of the trainwreck company, but I still think that it was shady, and not just my circumstance, others are in the same boat as well.
 
Deacon92 said:
I'd say that that was long enough for a new fiscal cycle to occur and the business needs changed. (Or that is what the company would say)... So no gounds for a suit or anything, but def right to be pissed..
Click to expand...

There are always "grounds" for a suit if one's in a protected class. You may not win, but you may be able to get a decent settlement. Not that I'm encouraging that, because if you don't feel or have evidence of age discrimination, then you shouldn't file a claim, in my opinion.

How many people laid off? If, for instance, 40 people were let go and their average age is 55, and 40 people were hired to fill those eliminated position 6-7 months later and their average age is 30, you, and they, collectively, have a case.
 
Shooshmoo said:
There are always "grounds" for a suit if one's in a protected class. You may not win, but you may be able to get a decent settlement. Not that I'm encouraging that, because if you don't feel or have evidence of age discrimination, then you shouldn't file a claim, in my opinion.

How many people laid off? If, for instance, 40 people were let go and their average age is 55, and 40 people were hired to fill those eliminated position 6-7 months later and their average age is 30, you, and they, collectively, have a case.
Click to expand...
ambulance-chasers.jpg
 
Shooshmoo said:
There are always "grounds" for a suit if one's in a protected class. You may not win, but you may be able to get a decent settlement. Not that I'm encouraging that, because if you don't feel or have evidence of age discrimination, then you shouldn't file a claim, in my opinion.

How many people laid off? If, for instance, 40 people were let go and their average age is 55, and 40 people were hired to fill those eliminated position 6-7 months later and their average age is 30, you, and they, collectively, have a case.
Click to expand...

I actually have a listing of the people who were lid off and their ages. I have not gone through and analyzed the data, though.
 
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