Being told you are getting laid off is hard to hear in any context. In some cases, it is legal and within an employer’s right. Most cases of people being laid off do not involve anything personal about the employee, but are merely business decisions. In most cases, layoffs are due to a lack of funds or work. In other cases, however, a layoff could be a ruse for something illegal.
There are instances in which an employer may lay off an employee so it is not liable for an illegal firing. If you suspect this may be the case in your situation, you may have grounds to prove wrongful termination and bring legal charges against your employer.
You may not be able to definitively tell the difference between being terminated and being laid off, but there are a few signs that may indicate this is the case. If someone is hired soon after you are laid off, in your same position, this would imply that you were wrongfully terminated. Ageism, retaliation and discrimination involving the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) are all also causes for layoffs disguised as wrongful termination.
If you suspect your layoff was actually a disguised illegal firing, you can take legal action against your company. You may be owed compensation.
Your employer must comply with specific policies when laying off employees. If it does not meet these requirements, you could have a case for wrongful termination. Speaking with an attorney can help you figure out your circumstances and whether you have cause to believe you were wrongfully terminated.
For more information about these requirements and to see if you have a case for wrongful termination, contact our office in Orange County, California. You can set up a free consultation and get more information from our lawyers about your situation. Use our website or call (714) 462-8376 or toll free at 866-545-2415.