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My Boss won't give me a lay off.

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  • My Boss won't give me a lay off.

    I have worked at my place of employment for about 6 months now. The company decided to completely get rid of 2nd shift, (when I worked). Now there is only a first shift. My boss offered me a job during 1st shift. But I couldn't take it because I need to be home at that time of day. I only can work a 2nd shift job. So I am forced to deny the 1st shift job. My boss told me he doesn't have to lay me off because he offered me another job. I was hired to work 2nd shift. Can he do this. I think hes doing this on porpose.There are a few other people who lost their job too. But when he offered them the 1st shift job he told them they could either take 1st shift or take the lay off. Can he do this. I think he's trying to force me to quit. I don't want to do that. I need help ASAP!!! Also, I didn't find out until yesterday that they were shutting down 2nd shift. I got a day notice. Tomorrow is my last day unless i can work 1st shift. Do they have to make a bigger notice???? Thanks for any comments.....

  • #2
    The employer offered you another position. If you are not able to take it for personal reasons, that is not the employer's fault. Technically speaking, a "lay-off" means that you are subject to, and most likely will be, recalled to work at some point (when business picks up, or similar). The employer does not necessarily have to treat each similarly situated employee the same.

    How many people on the 2nd shift?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      There are only about 5 of us working at night, not many at all. It just gets me to why did he offer everyone else a choice of a 1st shift job or a lay off. And with me just 1st shift or I'll have to quit. I know he doesn't want to lose me, but I also think he doesn't like that I have more experience than he does, but he's been there a long time, so maybe that's why he is doing this. People I have called and asked said it could be discrimination, but I don't think it is, because everyone else i work with is about the same race, age, sex, ect. Also, do places like this have to give you like a few weeks of an advance before laying off people? Thanks!!!

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      • #4
        On the basis of what you have said, no, this is not illegal discrimination. And no, at this level, they are not required to give you advance notice.
        The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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