Lay-offs - Do they have to go by seniority?

[bambi66]

What is the name of your state? IN

When a company lays off people, is the employer supposed to go by seniority? Can they go by seniority in one department and not another? Any assistance is appreciated.

 

[cbg]

Unless there is a contract or CBA that says otherwise, there is no law requiring that an employer use seniority as a basis for layoffs. They can if they wish to but they are not legally compelled to. It is not illegal for different departments to use differing methods as long as the methods themselves are legal.

 

[Beth3]

Ditto. An employer may use any criteria they wish to reduce the workforce, as long as they don't use specifically prohibited (unlawful) criteria - i.e. selecting employees on the basis of age, race, religion, gender, etc.