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If you were the only one they were laying off, you'd be in a stronger case but with a group deal, you're really out of gas. Here's the thing about layoffs versus termination or "fired" because you screwed something up - they're not personal. I know they feel that way, but they're not any more personal than winning the lottery is although of course the lottery would feel a lot better.
When they do layoffs, departments, divisions, whatever are told to cut a certain dollar amount or a certain percentage of people or an entire department is cut or whatever the criteria is. In some cases those that have to decide try to cut the dead wood, but more often than not it is really a case of wrong place, wrong time. In my company's last round we've been doing this for 18 months now , it had a LOT more to do with which location you worked from and what specific job you did within the department than anything else.
Bob might be a better worker than Mary, but we're keeping people with Mary's job functions and not Bob's, so bye bye Bob. Sometimes they try to take into account seniority, sometimes there are other issues someone very close to retirement may have a strong lawsuit if they're dumped before retirement can start , some people are more flexible, some have more flexible skills.
They may have ideas on how they're going to restructure duties that don't fit with Bob but would fit with Mary I've been in dozens of these meetings in the last year, honestly, none of the discussion in any of mine has been about who is a better person or nicer or a harder worker.
As a matter of fact, we've worked really hard to try and keep that end out of the discussion all together. If they do a mass layoff, I wouldn't try to play this pregnancy card. You aren't going to win and you could really muck up an otherwise perfectly good reference. Usually in a mass layoff they offer job services and counseling to help you with your resume and job searching.
Take them up on that! Be prepared to do temp work while you're still pregnant since it will be hard to find something then. You will qualify for unemployment and in some states you can also get disability for at least the last month of your pregnancy and weeks after. I was told by one boss it was seniority, another it was job function. I told them that once I lost my daycare I would not be coming back, that I needed 2 weeks severance to pay for my daycare, and reminded them that adequate training for people to do my job was not done.
They decided to keep me. This inactive post may not receive community feedback. We recommend you begin a new post. Add a comment This field is required. BabyCenter aims to share products and services we hope you'll find interesting and helpful. Just so you know, we may earn a commission if you buy something we've linked to here. BabyCenter is committed to providing the most helpful and trustworthy pregnancy and parenting information in the world.
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Working Moms. Hi all, My company is going through a big layoff about jobs. Thanks in advance! Comments from original poster 1 Comments from original poster 1. Load more. Oh goodness, I certainly hope they wouldn't do such a thing, but when a company goes through a "reorganization" to cut costs, they can get away with some things that they normally wouldn't be able to do. I hope things go well for you. If they were to let you go because of either your pregnancy or because you are envoking your right to FMLA leave that would be illegal.
During a layoff, they can let anyone go. My thoughts are with you I hope you aren't impacted. Unfortunately, yes, it would be totally legal to lay you off for a temp. All the best! My company "tried" to lay me off once already in October, but since I was the only one in the office are the rest were factory workers it looked very discriminating.
This thread is napping. In Reply to FunMoonMoon x. More posts in "Working Moms" group. Create a post in "Working Moms" group. Related Groups Work at Home Moms! Family Finances. It is clear that employers will face further practical and financial challenges.
Where necessary legal advice should be sought due to the continually changing advice. Given the continually changing advice, an employer can be left feeling uncertain, especially given the unprecedented nature of evolving events. However, it is important that an employer thinks practically and retains perspective regarding their short and long-term business needs. Employees are unsurprisingly worried about the coronavirus and may be amenable to practical measures that the employer may require in this difficult time.
Almost certainly yes. In employment law terms, a lay off is a temporary suspension of all work. Furlough is a word, hitherto largely fallen into disuse in the UK, but still commonly used in the United States, that means leave of absence. Government guidance also provides details of support available to businesses including, an employer should be aware of potential support systems including:.
Under the Working Time Regulations, an employer can compel workers to take the leave to which they are entitled on particular days. While it is not ideal, an employer could use its powers to compel workers who are not on sick leave to use their holidays during the shutdown period. The employer would, however, be required to give notice of at least twice the length of the period of leave that the workers are being ordered to take.
There are no explicit requirements about the form that this notice must take. While this will not reduce the wage bill, it will ensure that employees are available for when it is required to get the business up and running again. The Working Time Regulations do not specifically deal with this issue and do not explicitly give an employee the right to unilaterally withdraw a request for leave. However, even if they could, the employer could then give notice for the worker to take leave on the days in question provided that sufficient notice were provided.
Employees' consent is required unless the employment contract or collective agreement contains a clause allowing the employer to place employees on unpaid leave. An employer may seek volunteers for unpaid leave. Laying off employees means that the employer provides employees with no work and no pay for a period while retaining them as employees.
An employer must have a contractual right to lay off, and the contract should make clear that employees will not receive their normal salary during the lay-off period. If the contract does not give the employer the right to lay off, then any proposal to lay off will need to be the subject of consultation with employees, and will require employees' agreement.
Short-time working is a reduction in the hours that employees are required to work and normally a corresponding reduction in pay. Employers must have a contractual right to put employees on short time, or seek express agreement to do so. After consultation and agreement with employees, an employer may agree with the employees a change the terms and conditions so that employees work reduced hours at reduced pay for a period.
An employer may consider if there are workers and contractors whose contracts can be terminated without the risk of an unfair dismissal or redundancy payment claim. If there is a contractual right to lay off then there is no statutory procedure to follow to exercise this right. However, consider contractual provisions or any relevant policy setting out procedure, which should be followed. In the absence of any procedural or notice provision best practice is to write to employees and inform them of your decision to lay-off, the reasons for it, the length of the layoff and the payment arrangements.
While there are no rules as such as to who the employer selects for lay-off, where an employer only needs to lay off some staff, it may be necessary to go through a selection process to determine which employees are to be laid off. Any selection should be reasonable and based on similar criteria to those used in a redundancy exercise. The criteria should be as objective as possible to avoid disputes and grievances.
It is also advisable to try to agree the criteria with the employees when consulting with them about a lay-off. When seeking agreement to lay an employee off, it is advisable to explain the financial implications for the employee and to record the agreement and any payment terms in writing, as the statutory maximum payments, known as guarantee payments, are very low.
Employers have a general duty to take reasonable measures to protect the health and safety of their employees. It is recommended that employers provide cleaning facilities, promote good hygiene and social distancing in the workplace, and keep up the date with the daily coronavirus advice issued by the Government.
As it stands, the public health advice is such that the employer can reasonably ask an employee to attend work. Therefore, it is possible that the employee could be investigated for misconduct in terms of their refusal to follow a reasonable management instruction, and their unauthorised absence.
If an employee is not willing to attend work this would amount to an unauthorised absence and it is likely the employee will not be entitled to pay. An employer may offer flexible working, or allow the employee to take holiday or unpaid leave. An employer will need to consider extra precautions for employees deemed vulnerable under recent government guidance and consider potential discrimination issues.
His intent was to continue to use her for call-ins, etc. Moreau testified that he did so because she was pregnant, believed the delivery was imminent, and he wanted to ensure proper staffing. Moreau also testified that Macioce did not object or disclose her due date. Macioce left for her pre-planned vacation. When she returned, Macioce found that she had been removed from shifts she had been previously scheduled to work Aug. Ultimately, she was added to the schedule for Aug.
After Aug. However, Macioce never told Bob Evans that she was unable or unwilling to work. In fact, Macioce made her availability known to managers and coworkers and that she wanted to work. After delivering her baby, Macioce decided not to return to Bob Evans and resigned Oct.
The EEOC filed suit against Bob Evans, arguing there was no genuine issue of fact that Moreau removed Macioce from the schedule because of her pregnancy and that his intentional discrimination violated the Pregnancy Discrimination Act. There is a lengthy opinion analyzing the facts under the PDA and the U. The Young case made clear that, under federal law, an employer cannot treat a pregnant worker different than any other worker with the same or similar ability or inability to do their job and this includes providing time off, light duty etc.
Suffice it to say that the U. There is further discussion by the court about whether an adverse employment action had occurred and her damages that will not be detailed in this article. This means Bob Evans is facing the real possibility of punitive damages, which are not covered under employment practices liability insurance policies. There have been a couple of cases in the past that I always tell clients about when I conduct training.
In one case, a pregnant employee was told by her supervisor that she should get a note from her doctor for light duty because she had suffered miscarriages in the past. The supervisor expressed concern about the employee, who was a welder, climbing ladders, being exposed to fumes and carrying heavy equipment. His heart was in the right place.
But after she complied and was assigned to the tool crib, she suffered a lay off. In the other case, a woman received kudos from everyone except the boss when she announced at a management meeting that she was pregnant. When she then indicated she was having twins, cheers erupted.
But the boss remained silent the entire time. His lack of congratulations, his silence, was found to be evidence of an unlawful animus against the pregnancy. So, what should a manager do? But don't worry if you wake up and find that you've rolled onto your back overnight. Just avoid that sleeping position during pregnancy for prolonged periods of time. During the second and and third trimesters, sleeping on either side — preferably the left, if possible — is ideal for you and your baby-to-be.
This position allows for maximum blood flow and nutrients to the placenta which means less pressure on the vena cava and enhances kidney function, which means better elimination of waste products and less swelling in your feet, ankles and hands.
The safest bet for pregnant women past the first trimester is to sleep on your left side, a position that supports optimal circulation. Not used to lying on your side? Your body will most likely adjust to a new position given time. Just so you know, What to Expect may earn commissions from shopping links. Why trust our product recommendations? Best intentions and nightly rituals notwithstanding, very few people stay in one position throughout the night.
No harm done. So just flip back over onto your side and don't give it another thought! The educational health content on What To Expect is reviewed by our medical review board and team of experts to be up-to-date and in line with the latest evidence-based medical information and accepted health guidelines, including the medically reviewed What to Expect books by Heidi Murkoff.
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