Laid off/work-related legal question (employee, unemployment, company, interest)
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You have nothing and are just grasping for straws.
Notice was properly given under WARN so that argument is out the door.
Even with notice, lay-offs are not absolute; a company can always have changes and end up not having to lay off a person. That is LIFE and REALITY!
Now imagine if they told the co-op board your job was in jeopardy and they broad decided to dump your application. But the company finds a way to save the jobs so there is no lay off; Bet you would be here screaming and whining over not getting the unit and want to find out if you can sure the employer.
Personally, I wish they would just do away with WARN and you'll know your gone when we get rid of you. This advance notice garbage just creates another reason for workers to go all dumb on life.
I live in New York. I have been working at the same company for 7 years and am a member of the union.
A few days ago, there were dozens of layoffs in my company, and I was one of them.
At my particular work site, we were laid off in order of seniority/time with the agency.
I am the worker with the second least seniority, so I was one of those laid off.
I know, because my manager told me, that this layoff was planned for at least 2 months, but only revealed to us workers and direct supervisors a few days ago.
Unfortunately it is very bad timing for me because just last month my family closed on the purchase of an apartment.
Since it's in NYC, it's a coop apartment, which requires board approval.
Less than two months ago, we had to go through a board approval for the coop, and the coop sent a questionnaire to my job, asking if my job is stable and if my prospects for future employment are good.
Presumably, my company responded in the affirmative, because we were approved for the coop.
However, I strongly suspect that by that time, less than 2 months ago, my company KNEW that my job, in fact, was NOT stable. Yet they lied on the form and answered that it was.
Sorry that happened to you.
Most likely, 2 months ago, no final decision had been made as to the number of people affected and the specific people affected. Until a decision is final, it is not final. Even then it isn't final, as there is most likely a legal review to see if there are disparate impacts -- for example, if it turns out that everyone affected is, say, an African American Female Veteran over the age of 60... well, most likely the business would change its plans because of the disparate impact.
Most likely, the decision wasn't final final final until a week before the layoff, and even then there could have been tweeks.
However, I strongly suspect that by that time, less than 2 months ago, my company KNEW that my job, in fact, was NOT stable. Yet they lied on the form and answered that it was.
I'd be interested to know the exact questions and the exact answers. I can't imagine ANY company guaranteeing future employment. I'm sure their answers indicated that you had been employed for a number of years and were currently employed at the time they were answering questions.
I'd be interested to know the exact questions and the exact answers. I can't imagine ANY company guaranteeing future employment. I'm sure their answers indicated that you had been employed for a number of years and were currently employed at the time they were answering questions.
I agree with this. It most likely went to HR, who would not know when they filled it out. Even if they did know, maybe they changed their minds about who and how many had to go when they looked at numbers later. Any company has the right to do this. How can any company guarantee you a job for any length of time? If you don't have a contract specifying employment through a certain date, you can't ask for guarantees and expect them to hold any legal weight, they don't.
When I've been at companies where things like this have happened, we may not have known layoffs were imminent, but we usually knew the company wasn't doing that well or that the industry was in a slow phase.
I agree with this. It most likely went to HR, who would not know when they filled it out. Even if they did know, maybe they changed their minds about who and how many had to go when they looked at numbers later. Any company has the right to do this. How can any company guarantee you a job for any length of time? If you don't have a contract specifying employment through a certain date, you can't ask for guarantees and expect them to hold any legal weight, they don't.
I'd be interested to know the exact questions and the exact answers. I can't imagine ANY company guaranteeing future employment. I'm sure their answers indicated that you had been employed for a number of years and were currently employed at the time they were answering questions.
The contract doesn't say "so and so is employed until at least 2020" though or any time frame. A union contract provides protection against firings and enacts rules...such as when layoffs happen, it goes by seniority. They did that in this case. Nothing in a union contract can prevent layoffs. They can strike if they want, but individually it offers no protection against layoffs as long as they abide by the rule the union sets.
By contract I mean like for traveling therapists. Our contracts guarantee a 13-week assignment, and if the building they are in gets slow, they have to try to find another position in another building or pay the agency and contractor the amount owed by the terms of the contract. I have been in many therapy departments where full-time therapists are sent home if they are slow while temp travelers are guaranteed their 8 hours a day.
This is the difference between a union contract and employment contract. Employment contracts are much more often enacted for temp assignments than long term employment however.
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