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Lay-Offs & Discrimination

LAY-OFFS.

  • Employers use lay-offs for illegal discrimination by cloaking their motive as "economic necessity".
  • Lay-offs may have economic justification, and also be pretexts (lies) to adversely and disproportionately impact a select individual or group.
  • Proof can be individual by showing different treatment based on departure from company standards or rational decision making, or
  • Proof can be by a statistical showing that a group was substantially more impacted by the layoff than mere chance can justify.
  • A manager told to reduce force in his department may attempt to manipulate persons who do not meet his age or racial profile.
  • Generally, an employee in all discrimination cases is able to make his case by indirect and circumstantial evidence because few discriminators openly admit to their bias.
  • Indirect evidence can be based on proving that the employer's stated reasons for termination are lies, plus (of course) evidence that the employee is in the "protected category" of workers, that he met employment expectations, that there was work for him to do, and that he suffered a job loss.

What You Can Do.

If you are facing a lay-off, and suspect that you are being selected because of discrimination, you can:

  • determine the names, addresses and phone numbers of your co-employees who also face layoff
  • determine those employees skill sets, accomplishments, disciplinary issues, and general reputation re work competency
  • determine the relevant classes of the other workers. For example, if age discrimination, get the ages of the co-workers
  • determine the "transferability" or "flexibility" or "range of experience" of each employee's skill set for the remaining work
  • determine the company's formal criteria for lay-off selection, and whether it is being applied impartially
  • keep copies of your performance evaluations. Often, the last evaluation will be very poor if you're being set up for lay-off
  • observe how your manager communicates with persons "outside the protected category", such as gender, age, or race
  • keep a diary of how you (and others) are being treated worse or better as the layoff decision approaches
  • ask co-workers if they have heard any comments by your manager that lead them to believe he sees people discriminatingly
  • keep track of management's off-hand comments that may signal a biased attitude toward you or your "protected class"
  • if your lay off involves a severance payment, it often includes a requirement that you "sign away" your rights. Seek counsel first.

Employee Rights Attorney Frank Pray

5160 Campus Drive

Newport Beach CA 92660

949.251.1006

877.job.atty


OBTAIN YOUR FREE

CASE EVALUATION

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