Is it legal for an employer to make2 employees choose who should get laid off?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it legal for an employer to make2 employees choose who should get laid off?

Asked on September 21, 2011 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

While very unusual, this would very likely be legal. There is no law determining how an employer needs to decide on who is laid off--in theory, as silly as it sounds, it could be drawing straws or "rock, paper, scissors." So an employer probably can make the employees do this as long as:

1) There are no employment contracts governing termination; if there are, their terms would need to be honored;

2) The process as described does not discriminate against an employee on the basis of protected characteristic; i.e. the decision to let go employee A is not made on the basis of his/her race, religion, age over 40, sex, or disability.

But apart from that, as unusual--and probably unfair, and definitely unprofessional--as this is, it is probably legal.

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I do not know if it is illegal per se, meaning that you can point to a law on the books that would give rise to a cause of action upon which you can sue or be sued.  But it certainly is not common practice in any industry or I would think very ethical.  I might contact the Department of Labor and ask their opinion on the matter.  If you feel uncomfortable giving your name, etc.,  then do so anonymously.  And I would let your boss know - together if you can - that you feel that this decision is not yours to make but rather his and puts you in a very uncomfortable position.  Tell him that you would prefer that he decide based upon a legitimate reason fr laying one of you off.  Good luck to you.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

It is not illegal per se for an employer to have two employees decide who should be laid off in that in the context of your broad question, this happens all the time in business. For example, many times a supervisor of an employee will meet with his or her supervisor to discuss the performance of an employee and make recommendations or the final decision to promote or fire a particular employee.

Consequently, in the context of your question where no specific facts have been stated forming it, it is not illegal for an employer to have two (2) employees choose who is to be laid off at the business especiallyif they are in a supervisory position.

 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption