Business guys...layoff question

[bigrobbierob]

I have a question regarding layoffs that I'm confused about.

Several years ago I was laid off from a plant. I was laid off in September and called back in March. I was one of about 3 that came back. During the lay off, the plant hired some new people. I thought that was a no-no...I thought the people laid off had to be called and given the option for the job before any hiring.

Case in point...it's happened to me again. I was laid off (different place) in January due to slow sales. I asked about call backs and was told it'd be June or so because that'a when business picks up.

Two weeks ago one of the remaining guys got fired for missing too many days. I've been waiting for a call...I found out yesterday that they hired someone new off the street to replace the fired guy.

Am I wrong in my thinking somewhere or do places just not follow "the rules"?

 

[the Cardinal]

I have a question regarding layoffs that I'm confused about.

Several years ago I was laid off from a plant. I was laid off in September and called back in March. I was one of about 3 that came back. During the lay off, the plant hired some new people. I thought that was a no-no...I thought the people laid off had to be called and given the option for the job before any hiring.

Case in point...it's happened to me again. I was laid off (different place) in January due to slow sales. I asked about call backs and was told it'd be June or so because that'a when business picks up.

Two weeks ago one of the remaining guys got fired for missing too many days. I've been waiting for a call...I found out yesterday that they hired someone new off the street to replace the fired guy.

Am I wrong in my thinking somewhere or do places just not follow "the rules"?

In most states, there are no "rules," with the exception of labor agreements between a union and an employer.

Most states are "at will" states, which means the employer can hire or fire anyone at anytime for any reason (provided the reason doesn't violate EEOC or other "protected class" laws). So basically you're screwed without any legal recourse.

 

[ReaperX]

In most states, there are no "rules," with the exception of labor agreements between a union and an employer.

Most states are "at will" states, which means the employer can hire or fire anyone at anytime for any reason (provided the reason doesn't violate EEOC or other "protected class" laws). So basically you're screwed without any legal recourse.

This guy is correct. The majority of states can lay you off for whatever reason the want to.

Most employers will give their employees hell, like make them work 30 days in a row for 12 hrs or something along those lines.

They can force you to work however long they want, as long as they are paying you.


Employers have a lot of power.

 

[bigrobbierob]

I know we're an "at will" state...I just thought laid off people were given first dibs if the employment situation changed. I figured out of principle more than anything.

I was a good employee, I have references from them, they know I'm still looking for work...

...I guess I'm hurt that they didn't call me.

 

[EasyEJL]

yeah, its just that they are jackasses. Remember that the same is true in reverse too tho, you can leave a job at a moments notice with no warning, and the employer has no recourse either.

 

[Nabisco]

I'm a little surprised to hear this. Most companies will re-hire there previous personnel especially in manufacturing so that they don't have to train someone new. And if your facility is union, then I would expect they would have you protected in that only the newest employees get let go first. But that depends on the strength of your union (if you have one). Sorry to hear that boss. But the guys above are correct, in that they aren't required by law.

 

[ReaperX]

Given my nature of work, I don't directly deal with wage related issues or laws, however I come across questions frequently enough that I know what is or isn't allowed by law.


-They don't have to give you a lunch break
-They don't have to honor 'days requested off'
-They can make you work 12+ hrs days for a year straight if they want to
-They don't have to provide you an air conditioner in the summer

-Basically unless it is related to: age, sex, gender, nationality, or some politically incorrect issue, its fair game.




In fact, not too long ago I had someone contact me about being physically injured on the job. They then fired that person because they were no longer 'physically fit' to perform the job they were doing prior to the injury. That's legal. They can do that.

 

[bigrobbierob]

Given my nature of work, I don't directly deal with wage related issues or laws, however I come across questions frequently enough that I know what is or isn't allowed by law.


-They don't have to give you a lunch break
-They don't have to honor 'days requested off'
-They can make you work 12+ hrs days for a year straight if they want to
-They don't have to provide you an air conditioner in the summer

-Basically unless it is related to: age, sex, gender, nationality, or some politically incorrect issue, its fair game.




In fact, not too long ago I had someone contact me about being physically injured on the job. They then fired that person because they were no longer 'physically fit' to perform the job they were doing prior to the injury. That's legal. They can do that.

I got fired once because I ruptured my bicep while at work.

The only thing I must differ with you on about what you said is about lunch breaks. I am quite familiar with that as I enforced it. They don't have to pay for lunch breaks, but the statute I followed (maybe its a Ky statute) said a lunch break must be given no later than 5 hours after starting work or no sooner than 4 from leaving. I'm a little foggy on it, it's been a few years...the statute itself was on the required posting in the common area...but there is a time period listed in which an unpaid lunch is given. It's supposed to be as close to the middle of the work period as possible. Between the lunch and arriving/going home is also a break of 5-20 (business decides) which is paid. Since most places work on quarters they usually give 15 minute breaks. I'm about 90% sure on this, I may be in error though...I wish I had one of the posters to read and quote verbatim.

They can work you 12 hours a day everyday but they have to pay for it...time and 1/2 over 40. It doesn't make economic sense though since not only do you pay OT but the statistical data shows quality and production drop dramatically around 10hrs.

But anyway....yup, my former employers are asses. Actually, I think (my gf does too, she still works for the company in a different office) that they felt somewhat threatened by me. The place was 90% female. Only I and 2 others were male and non-managers. I have managerial experience and I and also in college now to get my business degree. In short, I was hard for them to BS. I wasn't confrontational, but they knew I knew better.

 

[Dr Packenwood]

In fact, not too long ago I had someone contact me about being physically injured on the job. They then fired that person because they were no longer 'physically fit' to perform the job they were doing prior to the injury. That's legal. They can do that.

Very thing happened to my uncle. He went in to the doctor for a routine exam, and left an hour later needing his lower intestines removed due to advanced colon cancer. A year later he goes back into work and his shoulder gives him problems. He takes 3 more months off to get that fixed and they told him since he was 62 it was time to retire because he couldn't perform his duties (operating an automated sand blaster) and basically eliminated his position at his job.

 

[bryan4980]

This guy is correct. The majority of states can lay you off for whatever reason the want to.

Most employers will give their employees hell, like make them work 30 days in a row for 12 hrs or something along those lines.

They can force you to work however long they want, as long as they are paying you.


Employers have a lot of power.

Um no they can't. Ever read those Federal posters everyone has to put up? No more than six continuous days, there are some exceptions to that though.

 

[Nabisco]

We had guys scheduled to work 28 days in a row at my last job. And they didn't get any off time. That wasn't a suggestion, it was pretty much mandatory. I believe it relies on state laws.

 

[bryan4980]

We had guys scheduled to work 28 days in a row at my last job. And they didn't get any off time. That wasn't a suggestion, it was pretty much mandatory. I believe it relies on state laws.

All I know is the Federal posters I have seen (I am in Illinois) say after 6 days a day off is mandatory. Although some places just break laws and don't care especially when their employees aren't informed. There are listed exceptions to that, like mine workers corporate exec's and a few others.

 

[ReaperX]

Well, the state I live in establishes its own in house rules that deviate from Federal regulations.

So if the Feds outlaw it then that's good. My state unfortunately offers no mercy.

 

[ReaperX]

We had guys scheduled to work 28 days in a row at my last job. And they didn't get any off time. That wasn't a suggestion, it was pretty much mandatory. I believe it relies on state laws.

each state has its own rules. check your local laws or contact an attorney.

 

[bryan4980]

Well, the state I live in establishes its own in house rules that deviate from Federal regulations.

So if the Feds outlaw it then that's good. My state unfortunately offers no mercy.

Yeah, and come to think of it it's just a poster. I should look up the actual Federal laws sometime just to know what they can do.

 

[bigrobbierob]

Well, the state I live in establishes its own in house rules that deviate from Federal regulations.

So if the Feds outlaw it then that's good. My state unfortunately offers no mercy.

The state can't do that. Federal Laws trump all.

 

[EasyEJL]

The state can't do that. Federal Laws trump all.

the states can establish more strict laws - a higher minimum wage, greater number or time of breaks, etc. but not the reverse direction.

 

[bigrobbierob]

the states can establish more strict laws - a higher minimum wage, greater number or time of breaks, etc. but not the reverse direction.

Thats what I meant...thanks for clarifying...I'm doing like 3 things at once here and my brain got goofy

Example:If federal law say people get unpaid lunches then they get them. A state can choose to make them paid, but not do away altogether.

 

[EasyEJL]

yeah, I believe federal law requires a 1/2 hr break during an 8 hour shift, an additional 15 min break at 10 hrs, another at 12, and another 1/2 hr at 16 hours. none have to be paid, just they need to let you take a break. of course, they could be dicks and force you to use that time to pee too.

 

[ReaperX]

I have no idea. As I stated before, I do not work directly with the wage laws within the state. We have several consultants within the department that know more than me.

I am also assuming that we are talking about individuals over the age of 18.

If you are under 18 there are more restrictions to wage laws.