Layoffs: 5 Ways To Fight Back

Layoffs occur all of the time in big, medium-sized, and small companies for various reasons. Slow sales, cost-cutting measures, downsizing, and new technology are the common reasons for layoffs. But what if you believe you were laid off for another reason? Is there anything that you can do about it?  Here are 5 ways that an employment lawyer can help you fight back.

Wrongful termination. State and federal laws prohibit the firing of an employee on the basis of religion, gender, ethnicity, race, or disability. Additionally, laws prohibit the firing of an employee because the employee reports an employer’s wrongdoing or unlawful business practices (also known as a whistleblower). If you believe that you were laid off for one of these reasons, then you should have an employment lawyer review your case.

Unpaid wages/overtime. Employers may lay off employees because their compensation is too high. This is especially the case when the company has implemented new technology that can do the same job much cheaper than the employee. (Think Ford’s assembly line model where workers have been replaced by robots.) However, you are entitled to at least the mandatory minimum wage and overtime wages from your employer, which is governed by state and federal law. If you were laid off without being paid what you were owed, then an employment lawyer can take legal action on your behalf.

Employment Contract Review. Sometimes your employer may enter into a contract with you which details your compensation, job description, and conditions for employment termination. An employment lawyer can help you understand the terms of the contract before you sign or can file a breach of contract action if you were laid off by your employer in violation of the contract.

Understanding state and federal employment laws. There are a number of state and federal employment laws that cover issues ranging from hiring veterans, mandatory minimum employee wages, and retirement plans to illegal layoffs. An employment lawyer is knowledgeable of these laws and can analyze your specific legal issue to determine if a state or federal employment law has been violated.

Worker’s Compensation. If you are injured on the job, then you may need to file a worker’s compensation claim. An employment lawyer can assist you with filing the claim or, if you were laid off because you were injured on the job, obtain a copy of your employer’s policies or manuals to determine your legal options.

As the saying goes, if someone else is laid off, it’s a recession; if you are laid off, it’s a depression. But time (and in some cases, legal action) can heal all wounds. If you believe that you were laid off illegally, our employment lawyers can assist you with understanding your options and fighting back against your employer.

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This article is intended to convey generally useful information only and does not constitute legal advice. Any opinions expressed are solely those of the author, not LawChamps.