My friend was "layed off" from a job with no possibility of reinstatement. This employee had never been disciplined, never warned, he was told he was being layed off because he "showed a lack of urgency" even though his supervisor asknowledged that his work did get out on time and his quantity exceeded several other employees. He was told by another employee with the company that another supervisor and the owner of the company tried to talk his immediate supervisor into not letting him go but when he failed to listen they too got on board. Within hours of his lay off a sign was posted that they were accepting applications. Is it legal to do this to an employee? If he wasn't performing his duties to the satisfaction of his supervisor shouldn't he have been offered another position or at least counciled before this measure was taken? Basically he was fired. His supervisor did not like him and awarded his position to another employee that he got along better with.
2007-09-04 06:32:59 · 11 answers · asked by logansarah 1 in Politics & Government ➔ Law & Ethics
You won't like the answer but "yes" they can. Layed off for lack of urgency means they fired him and they have the right to hire someone else. If they would of told them that they were down sizing employement then he would of been deceived but he wasn't.
2007-09-04 06:43:50 · answer #1 · answered by Dan D Man 2 · 1⤊ 0⤋
I don't know a ton about this, but my father is a lawyer who represents unions and union workers who are fighting for their jobs back. From what I understand, an employer can pretty much fire you for any reason he wants. There are some laws, of course, such as firing someone based on gender or race, but other than that, pretty much anything goes. The example my dad always uses is that an employer can ask you to wear a yellow shirt to work the following day, and then fire you for wearing a yellow shirt. Your friend can take his case to a lawyer for consultation, but my guess is that the lawyer won't be able to do anything about it.
Oh, and as far as the help wanted sign goes, there is absolutely no reason the employer could not look for a replacement for your friend the minute he was fired.
2007-09-04 06:44:27 · answer #2 · answered by a*perfect*teardrop 3 · 2⤊ 0⤋
Speaking generally, most employees are "at will" employees, which means that he or she can be fired for any reason or no reason. This is of course subject to certain federally protected categories where an employer is not allowed to discriminate. Sadly, although doing quality work is a good way to keep one's job, it is no guarantee of future employment.
Practically speaking, an employee's "real job" is to keep his or her supervisor happy with him or her. Sadly, some companies are interested in things other than simply quality work.
2007-09-04 06:49:44 · answer #3 · answered by ? 6 · 0⤊ 0⤋
Yes it is called an At-Will Employment contract. Many US citizens are laid or Terminated each year and it is legal.
"If you are employed at will, your employer does not need good cause to fire you. In every state but Montana (which protects employees who have completed an initial "probationary period" from being fired without cause), employers are free to adopt at-will employment policies, and many of them have. In fact, unless your employer gives some clear indication that it will only fire employees for good cause, the law presumes that you are employed at will." http://www.nolo.com/article.cfm/ObjectID/AAD74992-4C86-44DA-8102A340BCEC520A/catID/D348BE73-C552-4D58-B00586C0C0909EFA/104/150/269/ART/
The At-Will Employment system favor businesses over employee's protection.
2007-09-04 06:49:41 · answer #4 · answered by MIE 4 · 0⤊ 0⤋
You probably live in an Employment at Will state....Unless your friend signed an employment contract, they can fire you for pretty much anything. They can fire you if they don't like your shoes. Sounds to me like your friend just didn't work fast enough for them. It never fails to amaze me how many people think they have employment rights. The employer is the one with all the rights. They have a right to fire you for anything and if you don't like that, you have a right to quit. That pretty much sums up your "employment rights".....
2007-09-04 10:55:24 · answer #5 · answered by lillllbit 6 · 0⤊ 0⤋
Right to work state? No case. He's at at-will employee, fired for a "legitimate reason". Go look at the Circuit City case to see really horrific legal firing.
2007-09-04 06:44:18 · answer #6 · answered by majenkies 3 · 2⤊ 0⤋
Most companies have "At Will" employment agreements, this means they can let you go for any reason they want. Move on and get another job, why would you want to work where you obviously are not wanted?
2007-09-04 06:44:41 · answer #7 · answered by Seano 4 · 1⤊ 0⤋
Depends on state labor laws. If it is a right to work state then as long as his firing didn't violate handicap laws or anti-discrimination laws then they can hire and fire as they see fit.
2007-09-04 06:44:22 · answer #8 · answered by Muley Bob 4 · 2⤊ 0⤋
it is legal... a company can decide who to hire and fire at will, unless there is a union in place to protect the workers.
2007-09-04 06:52:25 · answer #9 · answered by shroomigator 5 · 0⤊ 0⤋
This is wrongful dismissal. Go to the labor board or the unemployment office can direct him through the process. This is a lawsuit if he has never been counseled.
2007-09-04 06:43:09 · answer #10 · answered by macaroni 4 · 0⤊ 3⤋