Layoffs are quite common in a company reorganization. When structural or operational changes are made to protect a company’s bottom line, some positions may be eliminated.
However, in certain cases – illegal cases – an employer may use a reorganization to eliminate employees for discriminatory or retaliatory reasons. The employer may claim that the position was eliminated – but the true reason for terminating the employee may be:
- Retaliation against a whistleblower: By law, an employee cannot be fired for reporting the illegal or discriminatory practices of an employer. However, an employer may conveniently eliminate the employee’s position during a reorganization.
- Discrimination: An employer may use a reorganization as an excuse to dismiss employees on the basis of race, religion, national origin, sexual orientation, gender, age, pregnancy, disability, or inclusion in another protected class.
How do you know if you have been illegally fired during a reorganization? Perhaps six months ago, you filed a complaint with human resources. Perhaps you and others are members of a certain ethnic group or religion. Or perhaps you are disabled or pregnant. In any case, something does seem right.
If you were laid off during a reorganization and you believe that your employer was retaliating or discriminating against you, talk to an employment law attorney about your legal options.
You can learn more by reading our free white paper: Downsizing and Discrimination: An Illegal Combination.