Is it legal to layoff an employee based on prior work performance?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Is it legal to layoff an employee based on prior work performance?

My friend was laid off. He was told that his position was being eliminated. He told his employer that he had worked there for a long time and questioned why he was selected to be laid off. He has been employed there the longest among those employed with his same position. He was told many factors were considered, including past performance ratings. Age discrimination is not being questioned, all employees are roughly in the same age range. d on this information, is this a wrongful layoff? Should they have laid off someone there with less time employed?

Asked on February 3, 2016 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

In an "at will" work relationship (and most employment arrangements are), an employee can be discharged for any reason or no reason at all. This is true unless the employee's termination is based on some form of actionable discrimination. Also, such action must not violate company policy or the terms of an employment contract or union agreement. Bottom line, a company can set the conditions of employment much as it sees fit or deems appropriate.


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