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Unfair layoff

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Creolevirgo

Junior Member
What is the name of your state? Virginia
I was layed off this morning with a few other people from the organization where I worked. None of us were given any warning there were going to be layoff. We are required to give 3 weeks notice if we are going to resign. There was no severence package offered. The only thing that I will be getting is vacation time that I have not used. Now the organization the I work for is non-profit and they do get federal funding cfc#8199. Isn't there somewhere in the law stating that if there are going to be layoffs in a company the organization need to notify employees that a layoff is about to take place so that the employess can make preparations of the possibility they will be layed off? As it is I know of 3 people that basically were put out on the streets with no notice and no offer from the company of any help. the company also has an employment center and we were not even offered the opportuinty to utilize these facilities to help find a job to replace the one's we lost. As it is it will take 4 to 6 weeks for unemployment to kick in and since no one was notified that there were going to be layoff no one thought about looking for other jobs. What if anything should we do? We were basically just thrown out into the street with nothing?

I was also told that I could keep the health insurance through the Cobra plan but that I would have to pay $306 and some change in order to keep my coverage. Question how can I pay them $306+ per month and even though I was working part time for them. I used to be full time but economics convened and I had to get another job because these guys weren't paying enough. I've worked for this company since August of 2001 and my position was a key associate which is something like an asst. mgr but with that title pays less money. Even though I do have another job that should not make any difference.

These guys gave us nothing. No advanced notice to employees stating that there were going to be layoff so none of us had a clue that when we went to work today we wouldn't have a job. I'm quite sure that if we were given a heads up all of us would have a least put out a few resumes to have something at least in the works just in case. In some cases it can take a few months to get a job and they could have been decent enough to at least give a recommendation letter but they didn't even do that.

Someone please help. I can manage but there ar the other 2 that got their walking papers today also and they don't have another job. They have nothing. What type of recourse to we have if any for the way they let us go?

As per UCM's Personnel Manuel the guidelines for staff reduction is as follows:

Continued employment for all positions is never guaranteed. It is aslo contingent upon available funding and satisfactory performance. This non-profit's intention is to minimize the negative impact on current employees if a reduction in the work force becomes necessary. However, from time to time, cutbacks or reductions may be unavoidable due to forces beyond our control. In some cases, a program may have to be reduced in size or terminated entirely if funds for its operation are no longer available. If this type of cutback occur, the following guidlines will be used:

1. Voluntary reduction in the work force. Examples of such reductions include leaves of adsence and reduction in hours.

2. Attrition

3. Part-time positions may be terminated prior to full-time positions.

4. An attempt may be made to transfer employees from terminated positions to other vacant positions to other vacant positions within the agency, if the employee can meet the requirements of the position and has satisfactory performance appraisals.

5. The ExecutiveDirector may implement a seniority ystem giving consideration to factors such as, but not limited to, the following:

a. Special training
b. Performance appraisals
c. Job speciality and responsibilities
d. Program director input

6. If all of the above attempts still do not produce acceptable results, we may then have to inplement an across-the-board reduction in pay and/or hours for all employees.

None of the above actions actions were taken in this case with the employees that were layed off. There were others layed off as well but I do not have a total talley of how many were laid off.
 
Last edited:


mlane58

Senior Member
What you are referring to is called the WARN Act and you may be protected by WARN if your job loss occurs as part of:

_ A plant closing _where your employer shuts down a
facility or operating unit within a single site of employment
and lays off at least 50 full-time workers;
_ A mass layoff _where your employer lays off either
between 50 and 499 full-time workers at a single site of employment
and that number is 33% of the number of full-time workers at the single
site of employment; or
_ A situation where your employer lays off 500 or more
full-time workers at a single site of employment.

If your organization didn't meet any of the above criteria then your employer didn't have to give you or anyone else advance notice.

As far as paying the premium for COBRA, can't answer that. The company is required by law to make that offer of continued coverage, but they aren't responsible to assist you in making premiums.

Unfortuntely you and the others have no recourse but to find other employment.
 

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