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.

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Disclaimer: This site is not legal advice. View it as a general resource and public service.

The Employment Law Office of Frank Pray handles cases related to most areas of employment law. My law firm is dedicated to helping employees dealing with issues of workplace discrimination (including gender discrimination, race discrimination, age discrimination and discrimination based on religion, national origin, sexual orientation, disability, pregnancy or illness); harassment due to hostile work environment (whether sexual, verbal, or other); contract disputes; wage and hour violations (such as overtime or break violations); whistleblower retaliation, qui tam and false claims act cases; and severance agreements and negotiations. My legal services and advice are available to any employee involved in illegal or wrongful termination, assault, battery, defamation, slander, or violation of privacy; or with job concerns regarding medical leave, Occupational Safety & Health Act (OSHA), affirmative action, gay & lesbian rights, Fair Employment and Housing Act (FEHA), labor code violations, Americans with Disabilities Act (ADA), California Family Rights Act, the federal Family Medical Leave Act, Employee Retirement Income Security Act (ERISA), Worker Adjustment and Retraining Notification (WARN) Act, or the Federal Employer's Liability Act. I can be contacted by anyone seeking an attorney for information about employee civil rights, or opportunities for monetary settlement, damages, or personal injury claims. "Employee Rights" is my exclusive focus, and has been for over 15 years.

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