Is there any legal standing?

[NYBLU]

What is the name of your state (only U.S. law)? NY

OK, I know this is probably a bust, but since the advice is free - I figured I'd ask anyway.

Recently, a family member was let go off their job, started about 6-months ago.
Without any warning, he was called into the office, and given some lame excuse that due to the economy, we can't afford to wait to get him up to speed. He was already putting in 12 hour days, responding to everything that was asked of him. Not only that, the role was billable, so the fact their saying the economy is a poor excuse, as he was bringing in 65% billable (even though this position was expected to do 20%), bringing in several times revenue than the salaried position.
Anyway, as it turns out, the company decided to bring back a long-departed employee to take over the position.
How unfair is that? Any potential grievance or remedy available for this individual?
Thanks for your advice!

 

[mlane58]

What is the name of your state (only U.S. law)? NY

OK, I know this is probably a bust, but since the advice is free - I figured I'd ask anyway.

Recently, a family member was let go off their job, started about 6-months ago.
Without any warning, he was called into the office, and given some lame excuse that due to the economy, we can't afford to wait to get him up to speed. He was already putting in 12 hour days, responding to everything that was asked of him. Not only that, the role was billable, so the fact their saying the economy is a poor excuse, as he was bringing in 65% billable (even though this position was expected to do 20%), bringing in several times revenue than the salaried position.
Anyway, as it turns out, the company decided to bring back a long-departed employee to take over the position.
How unfair is that? Any potential grievance or remedy available for this individual?
Thanks for your advice!

As unfair as it may seem, there isn't anything illegal about the termination based on your post.

 

[Zigner]

What is the name of your state (only U.S. law)? NY

OK, I know this is probably a bust, but since the advice is free - I figured I'd ask anyway.

Recently, a family member was let go off their job, started about 6-months ago.
Without any warning, he was called into the office, and given some lame excuse that due to the economy, we can't afford to wait to get him up to speed. He was already putting in 12 hour days, responding to everything that was asked of him. Not only that, the role was billable, so the fact their saying the economy is a poor excuse, as he was bringing in 65% billable (even though this position was expected to do 20%), bringing in several times revenue than the salaried position.
Anyway, as it turns out, the company decided to bring back a long-departed employee to take over the position.
How unfair is that? Any potential grievance or remedy available for this individual?
Thanks for your advice!

Definitely not illegal and, in my opinion, not really even unfair

 

[Some Random Guy]

It is legal for a company to let someone go even if that person is a good employee who is making them money. It is legal for a company to let someone go with a lame excuse or no excuse. It is legal to hire friends to replace workers who were let go.

It is not legal if the worker was fired because they were a member of a protected class, ie. they were fired because of their race, religion, etc.

 

[roxy100]

This protected class nonsense needs to be updated as it seems painfully obvious that men are getting canned at 4 to 1 rates over women in this latest "recession". How long till they are a "protected class"?

 

[ecmst12]

Gender is a protected characteristic. That means it is equally illegal to fire someone BECAUSE they are male as it to fire someone BECAUSE they are female.

 

[roxy100]

Gender is a protected characteristic. That means it is equally illegal to fire someone BECAUSE they are male as it to fire someone BECAUSE they are female.

Women just must be better workers then.

 

[Zigner]

Women just must be better workers then.

Please cite something to back up your claim of 4-1.

 

[ecmst12]

Or your statistics are flawed (you haven't cited your source, 80% of statistics are made up on the spot), or it's a coincidence, or the male-female employee ratio is skewed in the industries most damaged by the economy (like the financial industry), or the males make more money so laying them off saves their employers more money, or....the list goes on. It's very unlikely that many people (if any) were laid off strictly because of their gender.

 

[tranquility]

While any numbers are suspect because of the difficulty measuring and in even defining work or no, it is clear men are being added to the unemployment roles far in a ratio far in excess to their position in the workforce. There have been a number of articles on the web and in papers within the last week or so.

However, most times I've seen the statistic it is combined with the fact men are disproportionately members of industries like construction and manufacturing which are really hit hard by the economic situation.

So, I'd say ecmst12 has the answer most given for the stats. (Although the "making more money" portion of the answer is problematical as, through a series of reasons, some courts have found this to be an age discrimination.)

 

[commentator]

commentator

No, there's nothing illegal about letting someone go so they can bring on someone else. However, I do hope this person has filed for and been approved for unemployment insurance benefits. This claim will be based on the person's wage history during the past 18 months, and the termination issue from this last employer, and he was let go through no fault of his own. Which is not illegal. He should simply state that he was doing his best, and apparently wasn't able to do the work to the employer's standards, whatever those may be.

 

[cbg]

(Although the "making more money" portion of the answer is problematical as, through a series of reasons, some courts have found this to be an age discrimination.)

Only in some cases. It is by no means a universal truth. What if the highest paid worker is 32 years old? Which, in the industries where I've spent most of my time, is not at all unlikely.