How big of a layoff is it?
“The more people that are being let go, the harder it’s going to be hard to show you were being targeted unless you have some pretty good evidence,” says Siegel. Unfortunately, he adds, sometimes companies use a mass layoff to let a ‘red flag’ person go—whether it’s a 65-year-old, a member of a minority group who is likely to claim discrimination, or a person who filed a sexual harassment complaint. “When they are let go with everyone else, it’s much harder to prove discrimination,” says Siegel.
Under what circumstances should you sue?
At-will employment aside, if you think you have a good case, you could go ahead and sue your employer, but bear in mind that it’s an arduous process, says Siegel. Ask yourself these questions:
Investigate a Severance Package
Oftentimes, there’s little wiggle room here. Most companies will have had their severance packages (if any) reviewed by legal staff, and unless the work is sloppy, what you’re offered probably is what you’ll get.
Still, do yourself a solid and carefully inspect the details. Consult an attorney specializing in labor law if you suspect the package falls short of industry standards.
Ask what’s behind the layoffs and try to find out who is being eliminated. Does the company appear to be targeting readily identifiable groups? Older workers, sex, race, national origin?
Have you been singled out for demographic reasons? Can you cite the ways you’ve been treated differently? If you can mount a plausible discrimination claim, it could bolster your negotiating position.
If the company won’t budge on its payout, and your leverage is minimal, ask about other areas of help: a letter of recommendation; a guarantee that your former supervisors will provide good references when potential employers call; help with outplacement services; and a set time period your company email and voicemail will remain in service.
Laid Off From Work? Here’s 7 Things To Do ASAP
What to do when someone is laid off?
- Listen and follow their lead. To be a supportive ally, you need to listen. …
- Don’t ignore what happened. Acknowledging the layoff will help stir the coping process. …
- Tell them how you can help. “Let me know if you need anything” is a kind phrase but not as helpful as you may think.
How does being laid off affect you?
Does laid off mean fired?
What is it called when you get laid off and get money?