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Laid Off

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joggie69

Junior Member
What is the name of your state (only U.S. law)? Florida.

I worked as a project manager for a construction company for more than 7 years. The company was bought out about two years ago. Major changes in upper management followed. I was recently laid off from my position because of a "lack of work" due the slow economy and a rapid decline in new construction. I spoke to senior management and I was told that they did not want to do this, but that there was just no place where they can use me because they do not have any new projects coming up. However, the project that I was working on is only scheduled to finish early 2011. A few months before I was laid off, the new upper management hired a new project manager for the project I was working on. They knew each other from a previous company both used to work for. During my time of employment, there was not a single incident where my job performance, loyalty to the company or commitment to the project was ever in question. I am convinced that I was laid off in order for upper management to be able to hire an old acquaintance.

Isn't this illegal? Can an employer lay somebody off due to "lack of work", but then hire someone else to replace the laid off employee?
 


justalayman

Senior Member
joggie69;2389097]
Isn't this illegal?
no


Can an employer lay somebody off due to "lack of work", but then hire someone else to replace the laid off employee?
Yes, barring some contractual or collective bargaining agreement (cba; union contract), it is perfectly legal.

Seniority is generally a union thing and in construction, there is generally no seniority in their contracts either.
 

cbg

I'm a Northern Girl
I am convinced that I was laid off in order for upper management to be able to hire an old acquaintance

Even if you are 100% correct, that is not illegal. Florida is an at-will state; you can be let go for any reason that does not expressly violate the law, and this does not. The law does NOT say that you cannot be let go in order to hire an old acquaintance; therefore, you can be.
 

commentator

Senior Member
They have, of course, by giving you a lack of work lay off, made you fully eligible for your unemployment insurance benefits, which you should quickly sign up on and draw until you find another job. Even if it's lots less than what you were making, it's some money there for you. At least the company did not try to make up some false reason and fire you for performance or misconduct so that the guy could hire his friend. Since construction companies pay the max in unemployment insurance taxes anyhow, they're not too bad to do this. But it's perfectly legal. Not fun, not fair, but legal.
 

GonzoFL

Member
Sorry my fellow Floridian,but your situation happens all the time. They tell you they have to lay you off due to lack of business and turn right around and hire someone else. They could have hired 10 people to take your place and it would still not be illegal. When it comes to lay offs and firings,employees have very free rights. File for unemployment and good luck to you.
 

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