Deliberate overhiring

[tbanks]

What is the name of your state? Washington

I'm presuming this is legal, but would appreciate any additional information: is there any legal reason why a company can't overhire for positions, planning for layoffs at a later date? Certainly there are substantial moral reasons, but I'm only interested in legal reasons at this time.

Many thanks in advance for your responses on this topic.

 

[Some Random Guy]

Overhiring is not an issue. Its the layoffs that can be tricky. If it can be proven that the layoffs selected a certain class of employees based on a protected status (age, gender, race, time till pension vesting, etc), then you may open yourself to a lawsuit.

Overhiring also seems silly from a financial standpoint. Have you run any numbers for how much this overhiring will cost the company? Is the chance to get rid of a couple of underperforming employees worth it?

 

[BelizeBreeze]

What is the name of your state? Washington

I'm presuming this is legal, but would appreciate any additional information: is there any legal reason why a company can't overhire for positions, planning for layoffs at a later date? Certainly there are substantial moral reasons, but I'm only interested in legal reasons at this time.

Many thanks in advance for your responses on this topic.

It is not illegal and, in fact, even if everyone who was later laid off was black, or more than 40 years old or both AND women, if they were the last hired AND you can substantiate that, the layoffs would not be illegal.

The problem you'd get into is showing that the parties were the last hired for legitimate reasons. That's why many employers time and date stamp applications throughout the process.

 

[Some Random Guy]

Belize,

You assume that the employer will layoff people according to hire date, which has the least legal risk. However, it was not clear from OP whether the overhiring was due to a temporary workload increase or due to a desire to replace current employees.

 

[Beth3]

Overhiring is not illegal. It's usually not a very wise business decision however. If individuals quit their jobs to go work for ABC Company only to be laid off, that is going to damage an employer's reputation in the community and impair their ability to attract new employees when they're again hiring. Especially if it becomes known (as it almost certainly will) that the employer knew all along these jobs weren't going to last.

If there is a temporary surge in business that requires additional employees in the short-term, then typically an employer is much better off to utilize the services of a temporary staffing agency for those positions that aren't expected to last.

 

[BelizeBreeze]

Belize,

You assume that the employer will layoff people according to hire date, which has the least legal risk. However, it was not clear from OP whether the overhiring was due to a temporary workload increase or due to a desire to replace current employees.

Read it again and this time with your eyes. I said exactly "if they were the last hired AND you can substantiate that, the layoffs would not be illegal."

 

[Some Random Guy]

No need to be rude Belize. I never said you were wrong. Your answer was correct. I just think the original poster may have been asking a different question than you answered.