if a older driver ask to be laid off and he makes the same or more money then me. he makes deliverys slower then me. but the owner lays me off because of a past fight. is that unlawful? i read else on the internet that you cant discriminate laying off people. does anyone know for sure. they will not give me my severance pay until i sign a i can not sue disclaimer.
2006-06-18 12:29:28 · 8 answers · asked by cjone782000 2 in Politics & Government ➔ Law & Ethics
Based on both this question and your previous one, you need to speak to an attorney who specializes in labor and employment law. Do not sign anything until you have done so. By the way, if you are employed by this company and on their regular payroll, as opposed to a contract driver the company cannot refuse to pay your unemployment; you also need to go to the unemployment office. Remember that unemployment pay is not the same as severance pay.
2006-06-18 12:39:30 · answer #1 · answered by gone 4 · 1⤊ 1⤋
Most states are at-will meaning the can let you go for any reason except for those that are illegal (based on sex, national origin, race, and in some states sexual preference). If you come in dirty they can let you go and do NOT have to tell you why. Most lawyer recommend not saying way just because of lawsuits. Since you had a past fight that is CAUSE to be fired, in your case they're didn't fire you, but when it came time to decide who stays they used it against you. This is perfectly legal, heck you're lucky they didn't press charges and fire you.
They don't have to give severance pay but are offering it, I'd take it in the position your in. The fight in and of itself would be cause to fire you and unless you can show they laid you off illegally (impossible considering the fight) there'd be no case to sue on, and then they wouldn't even have to pay out the severance.
2006-06-18 21:08:51 · answer #2 · answered by caffeyw 5 · 0⤊ 0⤋
Maybe in the rules of employment he did lay you off because of your fight so at least you can collect unemployment and you didn't get fired. It also depends on what and who the fight was about. Sometimes in jobs its better to be quiet and just do the job and maybe the older guy did this. It's not always the squeaky wheel that gets the grease
2006-06-18 19:40:01 · answer #3 · answered by ₦âħí»€G 6 · 0⤊ 0⤋
Discrimination that is forbidden as a basis for a layoff is if you were terminated because of your being in a legally protected class such as age or race. Your past behavior, such as a fight, does not qualify as "discrimination" - and this is the case even if you happen to be a MEMBER of a protected class.
In some states, you can be terminated for any reason or for no reason as long as it's not because of such things as race or age.
If you want to be sure, talk to a lawyer.
2006-06-18 19:38:19 · answer #4 · answered by Judy 7 · 0⤊ 0⤋
It depends on if you live in an "at will" state or a "for cause" state.
If you live in an "at will" state then no it is not unlawful, employers may lay off people without reason (at will). If you live in a "for cause" state you will need to talk to an attorney.
2006-06-18 20:04:35 · answer #5 · answered by j h 1 · 0⤊ 0⤋
Ok, we mean you are being let go, fired, a lay off is considered a temporary situation.
But they can't pick you because of race, sex and so on, but a past criminal activity can be considered.
And in general they can consider over all work history, time in service and so on
2006-06-18 19:51:36 · answer #6 · answered by Anonymous · 0⤊ 0⤋
I feel its unlawful as we commonly say that Work Is God, so give it ur 100% ,whether ur laid off or not. UR paid for the hrs u work so whether ur nuts with someone should not affect...
2006-06-18 19:38:18 · answer #7 · answered by anilmini 2 · 0⤊ 0⤋
dont sign anything.....talk to a lawyer
2006-06-18 19:37:07 · answer #8 · answered by cindy b 2 · 0⤊ 0⤋