Layoffs or reductions in force (RIFs) are among the most nerve-racking experiences possible for modern employees. Even after dedicating years of their lives to a business, their jobs could disappear in a heartbeat to increase shareholder profit margins or streamline company operations after a merger.
Workers potentially at risk of job loss due to an impending reduction in force need to understand their rights and how to respond if they end up included in a reduction in force but believe that decision was wrongful.
What necessary steps can help workers included in a layoff prove that their termination was wrongful?
Request the assessment criteria
When businesses decide who to lay off or who to retain in an RIF scenario, the first stage in that process is typically establishing clear credentials for evaluating workers. Asking to see the metrics applied when assessing individuals could help workers understand the decision and possibly begin building a case to prove that their inclusion was inappropriate based on the company’s metrics.
Evaluate the pool of affected workers
Many layoff-related wrongful terminations relate to discrimination. Companies may use layoffs as an excuse to get rid of older workers who command higher wages or members of other protected groups. If the lay off disproportionately affected workers with certain protected characteristics, that could be indicative of organizational discrimination.
Review retaliation triggers
In some cases, layoffs may be wrongful terminations because they are retaliatory rather than discriminatory. If management specifically laid off everyone involved in recent attempts to unionize a factory, for example, the termination of everyone involved in organizing could be a red flag of retaliation.
Individual actions could also trigger retaliation. Reporting sexual harassment, acting as a whistleblower or even requesting unpaid leave under the Family and Medical Leave (FMLA) could all lead to employers unfairly including individuals in the layoff because they previously engaged in protected workplace activities.
Review the situation with an attorney
Especially in scenarios where there appears to be a trend regarding who lost their job or there were protected workplace activities that occurred shortly before layoffs, workers may benefit from discussing the situation with an employment law attorney.
Reviewing documentation of potential discrimination or retaliation with a skilled legal team could help those who lose their jobs unexpectedly evaluate their options. A wrongful termination lawsuit may sometimes be possible, and a successful lawsuit might lead to either reinstatement to a prior position or compensation for the economic harm caused by an unlawful layoff.