Unlawful layoff

I was layed off from a start-up company 3 months ago. The reason for the lay-off was a reduction of force due to economic downturn. But, in fact they hired another engineer to take my place approx. 1 1/2 months later and is doing the same type of job. What is it with this? If the company was reducing staff due to economic downturn, why would they hire again? I had stock options which had a vesting schedule over a 4 year period. I lost that opportunity to continue vesting. Furthermore, we worked around 72 hours a week putting in many hours of overtime (72 hour weeks!). Isn't this against the law too? Your reponse is greatly appreciated. Please see article (http://www.lightreading.com/document.asp?doc_id=4969)one of many that mentions the layoff. This company just got aquired by the way.

3 answers  |  asked Aug 1, 2001 4:10 PM [EST] in Employment Law  |  applies to California

Answers (3)

Janet M. Koehn
overtime

if yuo were laid off to avoid vesting your options, you may have rights. also, your overtime claim may or may not be an issue, depending on the nature of your job and how long this has been going on. if you are in southern california, please call me for a consultation.
janet m. koehn
805-658-0655

posted by Janet M. Koehn  |  Aug 1, 2001 7:18 PM [EST]
Abraham Goldman
Lay Off

You are in a situation that is affecting many many people in the Silicon Valley right now.

How to sort out the valid vs. the illegal motives in the many lay offs going on now.

Generally, the boss can let you go for any reason or no reason, unless there is a written or verbal agreement to the contrary.

Generally, though, they cannot do it for an illegal motive, or one against public policy...even if they could do the same thing with no motive at all!

To crack the nut takes a very detailed understanding of the basic who what when where how of the story: discrimination, retaliation, harassment, whistleblowing, etc.

Also, the overtime issue could be very interesting...were you exempt, or really doing exempt work....how widely spread was this at the company.

By the way, the link to the story did not seem to work.

Please call or email me if you would like a free initial evaluation...I'll also send back my practice resume outlining my 25 years experience.

Abraham Goldman
800 945 9446
agoldman@succeed.net

posted by Abraham Goldman  |  Aug 1, 2001 5:28 PM [EST]
Abraham Goldman
Lay Off

posted by Abraham Goldman  |  Aug 1, 2001 5:20 PM [EST]

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