When Can Your Employer Legally Lay You Off? Understanding the Difference Between Legitimate and Unlawful Layoffs

💼A layoff occurs when a company fires workers due to poor economic conditions or lack of work, not because of the workers' actions.

⚖️If a company fires you because you engaged in a protected activity or are a member of a protected class, your layoff may be unlawful.

💰Unlawful layoffs can result in significant financial compensation if you can prove that the company lied about the layoff and the real reason was illegal.

📄Severance packages are often offered during layoffs, but accepting them may waive your rights to sue the company for unlawful termination.

🔍Proving an unlawful layoff requires gathering evidence of the company's lies, bias, and discriminatory actions, which can be challenging but necessary for legal action.

What is a layoff?

—A layoff is when a company fires workers due to poor economic conditions or lack of work, not because of the workers' actions.

When is a layoff considered unlawful?

—A layoff is considered unlawful if the company fires workers because they engaged in protected activities or if the decision is based on a protected characteristic.

How can I prove that my layoff was unlawful?

—To prove an unlawful layoff, you need to gather evidence of the company's lies, bias, and discriminatory actions. This can include emails, testimonies, and performance reviews.

Should I accept a severance package during a layoff?

—Accepting a severance package may waive your rights to sue the company for unlawful termination. Consult with an employment lawyer before signing any agreements.

What compensation can I receive for an unlawful layoff?

—Compensation for an unlawful layoff can vary depending on the circumstances of the case. In some cases, it can be worth millions of dollars if you can prove the company's illegal actions.

00:00Introduction: Understanding the difference between legitimate and unlawful layoffs

00:17Defining a layoff: Firing workers due to poor economic conditions or lack of work

01:18Legality of layoffs: Legal due to at-will employment laws, but some exceptions exist

02:55Unlawful layoff example: Firing an employee for making a safety complaint

06:16Unlawful layoff example: Discrimination based on protected characteristics

08:25Proving an unlawful layoff: Showing company lies and lack of valid reasons for termination

10:09WARN Act and severance packages: Understanding their impact on layoffs

11:58Evaluating the worth of an unlawful layoff case: Factors influencing potential compensation