Unjustified layoff

I've got laid off on Monday. The reason why they had to lay me off was because the economy is doing bad, and that they need to cut hours. Since I was the last one to be hired, therefore, they need to let me go first.

HOWEVER, the next day, my co-workers called me and said that the head manger fired me because he wanted to hire somebody else.

The same day, I went in and asked him once more to confirm the reason why he had to let me go. The reason was the same, "due to the slow economy, he need to cut hours." When I confronted him with the issue, he said the CORPORATE made that decision to release me and hire the other person.

I called the Corporate and asked rather they make any decision. They said, "No, the managers make the hiring/firing decision and you should discuss the issue with him."

I talked to other managaers and they were no aware of this issue. They feel that it was wrong to fire me blaming the economy and hire somebody else.

So, what are my choices? Can I do anything about it?
He probably thought that it was okay, thinking that I'm still young and I won't do anything about it. He is wrong. If I have any choices, I would like to raise my rights.

3 answers  |  asked Sep 28, 2001 3:04 PM [EST]  |  applies to Illinois

Answers (3)

Aaron Maduff
A false reason for termination

It certainly appears based on the information provided in this question that the employer (manager) lied when he told you that you were terminated because of cut-backs. There is little question that when held to the standards most people's morals, this kind of action falls short. Nonetheless, the fact that something is immoral does not make it illegal. In Illinois employment is at-will. You can be fired for any but specific illegal reasons or no reason at all, and you can quit for any reason or no reason at all. So in examining this problem, I would like to know what the TRUE reason was for terminating you. In other words, why did the manager want this other person instead of you? If the manager's preference is based upon your gender, religion, race, national origin, a disability, your age over 40, retaltiation for filing complaints, retaliation for reporting illegal activity, because he is having relations with the other person or some of a few other reasons, then your termination is not only immoral, but illegal. Because most discrimination claims are proven by an indirect method of proof in which the Plaintiff shows that all people of the same class (e.g. black or Chinese) were terminated and the person hired was not of that class, and that the Plaintiff is qualified, it is up to the employer to state a legitimate non-discriminatory reason for terminating him or her. The Plaintiff may then prevail if he or she can prove the employer's reason to be false. In this case, if you can show that all people of your particular class (e.g. all black or Chinese employees) were terminated (and you may be the only black or Chinese employee), then the employer is going to have some difficulties because at least at the moment, it appears that his reason for terminating you is clearly a lie. But the ultimate issue is whether there is some form of discrimination at play and that is unlikely if you cannot point to something about you which makes you different from everyone else who was not terminated (and the person hired) and which falls into one of the categories discussed.

posted by Aaron Maduff  |  Sep 28, 2001 11:28 PM [EST]
Aaron Maduff
A false reason for termination

It certainly appears based on the information provided in this question that the employer (manager) lied when he told you that you were terminated because of cut-backs. There is little question that when held to the standards most people's morals, this kind of action falls short. Nonetheless, the fact that something is immoral does not make it illegal. In Illinois employment is at-will. You can be fired for any but specific illegal reasons or no reason at all, and you can quit for any reason or no reason at all. So in examining this problem, I would like to know what the TRUE reason was for terminating you. In other words, why did the manager want this other person instead of you? If the manager's preference is based upon your gender, religion, race, national origin, a disability, your age over 40, retaltiation for filing complaints, retaliation for reporting illegal activity, because he is having relations with the other person or some of a few other reasons, then your termination is not only immoral, but illegal. Because most discrimination claims are proven by an indirect method of proof in which the Plaintiff shows that all people of the same class (e.g. black or Chinese) were terminated and the person hired was not of that class, and that the Plaintiff is qualified, it is up to the employer to state a legitimate non-discriminatory reason for terminating him or her. The Plaintiff may then prevail if he or she can prove the employer's reason to be false. In this case, if you can show that all people of your particular class (e.g. all black or Chinese employees) were terminated (and you may be the only black or Chinese employee), then the employer is going to have some difficulties because at least at the moment, it appears that his reason for terminating you is clearly a lie. But the ultimate issue is whether there is some form of discrimination at play and that is unlikely if you cannot point to something about you which makes you different from everyone else who was not terminated (and the person hired) and which falls into one of the categories discussed.

posted by Aaron Maduff  |  Sep 28, 2001 11:27 PM [EST]
Aaron Maduff
A false reason for termination

It certainly appears based on the information provided in this question that the employer (manager) lied when he told you that you were terminated because of cut-backs. There is little question that when held to the standards most people's morals, this kind of action falls short. Nonetheless, the fact that something is immoral does not make it illegal. In Illinois employment is at-will. You can be fired for any but specific illegal reasons or no reason at all, and you can quit for any reason or no reason at all. So in examining this problem, I would like to know what the TRUE reason was for terminating you. In other words, why did the manager want this other person instead of you? If the manager's preference is based upon your gender, religion, race, national origin, a disability, your age over 40, retaltiation for filing complaints, retaliation for reporting illegal activity, because he is having relations with the other person or some of a few other reasons, then your termination is not only immoral, but illegal. Because most discrimination claims are proven by an indirect method of proof in which the Plaintiff shows that all people of the same class (e.g. black or Chinese) were terminated and the person hired was not of that class, and that the Plaintiff is qualified, it is up to the employer to state a legitimate non-discriminatory reason for terminating him or her. The Plaintiff may then prevail if he or she can prove the employer's reason to be false. In this case, if you can show that all people of your particular class (e.g. all black or Chinese employees) were terminated (and you may be the only black or Chinese employee), then the employer is going to have some difficulties because at least at the moment, it appears that his reason for terminating you is clearly a lie. But the ultimate issue is whether there is some form of discrimination at play and that is unlikely if you cannot point to something about you which makes you different from everyone else who was not terminated (and the person hired) and which falls into one of the categories discussed.

posted by Aaron Maduff  |  Sep 28, 2001 11:27 PM [EST]

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